TAJ MOHAMMAD Vs. STATE

JUDGEMENT

(1.) THESE two appeals have been preferred against the common judgement and order dated 22.7.1981 rendered in S.T. No. 10 of 1979 whereby the learned Additional Sessions Judge II Ghaziabad convicted the appellants Mohammad Shafi and Abdul Rehman of criminal appeal no. 1804 of 1981 and appellants Taj Mohammad and Chhotey of criminal appeal no. 180 of 1981 under sections 304 I.P.C. read with section 34 I.P.C and section 325 I.P.C. read with section 34 I.P.C. and sentenced appellants Mohammad Shafi and Abdul Rehman (appeal no. 1804 of 1981) to undergo rigorous imprisonment of two years under section 304 I.P.C. read with section 34 I.P.C. and one year rigorous imprisonment under section 325 I.P.C. read with section 34 I.P.C. Both sentences were directed to run concurrently. The learned Additional Sessions Judge, instead of sentencing the appellants Taj Mohammad and Chhotey ( appeal no.1803 of 1981) released them on probation of good conduct for the period of two years on their each furnishing a personal bond of Rs. 2,000/- with two sureties each in the like amount.

(2.) IT may be mentioned that appellant Mohammad Shafi has died during the pendency of the appeal and as such his appeal stood abated. The appeal no. 1804 of 1981 therefore, survives only in regard to the appellant no. 2 Abdul Rehman. The learned amicus curiae submitted that appellant no.2 Abdul Rehman is also entitled to the benefit of the order of probation passed in favour of other co-accused, namely, Taj Mohammad and Chhotey.

(3.) THE injured Mazid and Nafisa were medically examined at Primary Health Centre, Garh on 25.9.1978 at 8.30 P.M. onwards. Injured Mazid was then reported to be unconscious and later on succumbed to the injuries within one or two hours. Thereafter postmortem examination on the dead body of the deceased was also done.