RAGHIB Vs. STATE OF U P

JUDGEMENT

(1.) - Both these appeals arise out of the judgment and order dated 29-4-1980 passed by Vishnu Chandra, 5th Additional Sessions Judge, Saharanpur in Sessions Trial No. 29 of 1979. They being connected with each other are being decided by this common judgment treating Criminal Appeal No. 980 of 1980 as the leading appeal.

(2.) In all, thirteen persons were tried by the Court below in Sessions Trial No. 29 of 1979 in question. They were (1) Raghib, (2) Hazi Sani, (3) Salim, (4) Shamshad. (5) Hazi Yamin, (6) Jalil, (7) Tahsin, (8) Gulzar, (9) Ashfaq, (10) Akhtar, (11) Asghar Gullu (12) Safdar and (13) Kunwar. Out of them Asghar Gulla died during the pendency of trial and the case against him abated. Four of the remaining twelve, namely (1) Hazi Shamsad (2) Ashfaq (3) Safdar and (4) Kunwar were acquitted on being aforded the benefit of doubt. The remaining eight accused appellants were convicted and were punished with different sentences. Six of them, namely, Raghib, Salim, Hazi Yamin, Tahsin, Guizar and Akhtar were convicted under Section 148 I.P.C. and under Section 302 I.P.C. read with Section 149 I.P.C. Each of them was sentenced to two yearsT rigorous imprisonment under Section 148 I.P.C. and life imprisonment under Section 302 I.P.C. read with section 149 I.P.C. The remaining two namely Hazi Sani and Jalil were convicted under Section 147 I.P.C and 302 I.P.C. read with Section 149 I.P.C. Each of them was sentenced to rigorous imprisonment of one year under Section 147 I.P.C. and life imprisonment under Section 302 I.P.C. read with Section 149 I.P.C. Akhtar has preferred Criminal Appeal No. 1127 of 1980 whereas the other seven convicted accused-appellants have preferred Criminal Appeal 980 of 1980. Hazi Yamin and Hazi Sani appellants of Criminal Appeal No. 980 of 1980 died during the pendency of the appeal. As such this appeal abated in so far as the accused appellants Yamin and Hazi Sani are concerned. Therefore for the present we are only concerned with five accused appellants of Criminal Appeal No. 980 of 1980 who are (1) Raghib (2) Salim (3) Tahsin. (4) Gulzar and (5) Jalil and Akhtar who is accused appellant in Criminal Appeal No. 1127 of 1980.

(3.) The incident took place on 18-10-1978 at about 7 P.M. inside a bus near Galhewala, Police Station Fatehpur, District Saharanpur. Three persons namely, Phullu Ali Bahadur and Mohd. Ramzan alias Sadhu were murdered in this incident. The post -mortem over their dead bodies had been conducted on 20-10-1978 at 2 P.M. 2.30 P.M. and 3.30 P.M. respectively by Dr. N.K. Saxena P.W. 5. It would be proper to set out the outcome of the post-mortem of the dead body of each of them so as to appreciate the subsequent discussion relating to facts evidence and conclusion.