DILDAR HUSAIN AND Vs. STATE OF U.P.

JUDGEMENT

(1.) BOTH these appeals were filed by the appellants -accused of S.T. No. 407/89 State v. Dildar Hussain and Ors. relating to crime case No. 28/86 under Sections 147, 148, 149, 307, 323, 452, 427 IPC, P.S. Kotwali Nagar, District Sultanpur against the judgment and order dated 20.01.1995 passed by IVth Additional Session Judge, Sultanpur. By the impugned judgment and order, learned Session Judge hold guilty to all the accused -appellants in both the appeals under Sections 147, 148, 323/149, 452, 427 read with Section 149 IPC. Accused were sentenced to undergo R.I. under Section 323/149 IPC for 1 year R.I.; under Section 452 IPC for another 1 year and under Section 427 IPC for 1 month. Accused Hasan Mehdi alias Anwar was also convicted under Section 148 IPC for 1 year R.I. and rest were also sentenced for 1 year R.I. under Section 147 IPC. Orders were also passed that the sentences shall run concurrently. Two separate appeals were filed by the accused -appellants. Appeal No. 103/1995 was filed by Hasan Mehdi alias Anwar, Bashir Abbas, Afzal Hussain and Wahid Hussain. Appeal No. 41/1995 was filed by accused Dildar Hussain, Tejdar Hussain and Abrar Hussain.

(2.) AS per prosecution case on 06.01.1986 at about 6'0 clock in the morning informant Kali Prasad and his father Sri Ram were sleeping at the door of at their house. Accused having lathi and country made pistal came there and made attack on them. Shot was also fired by country made pistal and blow of lathi were given. Both of them entered into their house to save themselves but accused persons have also entered into the house with an intention to inflict injuries to them and also beaten them inside the house. On their hue and cry and noise of shot of firearm, their family members came there and raised alarm. Neighbours and villagers were assembled there. Accused persons succeeded in escaping from there giving threat to kill them in future. They have also demolished the 'maid' of well and the wall of the house. Ram Kumar, Rati Pal, Shyamlal, Parasnath etc., witnesses reached on the spot and they saw the occurrence. Report was lodged in the matter. Case was registered. Police of P.S. concerned started investigation in the matter. Site plan of place of occurrence was prepared. Statement of witnesses were recorded. Injuries of injured were got medically examined. These were also X -rayed by the doctor. After completing the investigation, charge -sheet was submitted against all the accused named in the FIR for their trial. As case under Section 307 IPC was exclusively triable by the Court of Session so after taking cognizance in the matter, learned Magistrate committed the case to the Court of Session.

(3.) ON behalf of the prosecution 9 witnesses were examined. PW -1 informant of the case Kali Prasad; PW -2 Sri Ram have given the details of FIR in their statement and tried to support the case of FIR; PW -3 Rati Pal said to be an independent witness of the occurrence but he has partly supported the case of the prosecution; PW -4 Smt. Kaushaliya another injured witness tried to support the case of the prosecution; PW -5 Ram Kumar another independent witness tried to support the case of the prosecution; PW -6 Doctor Subhash Chandra who had examined the injuries of the injured and he had given details of injuries on the body of injured and proved the injury report Exhibit -Ka -3, Exhibit -Ka -4 and Exhibit -Ka -4 respectively; PW -7 another Doctor K.K. Malhotra stated that he got X -rayed the injuries of Kali Prasad in the leg and proved the report Exhibit -Ka -6 and also X -ray plat Exhibit -Ka -1; PW -8 Constable 740 C.P. Safeek Ahmed stated that on the written report submitted by Kali Prasad, he prepared chik report and entered the case in G.D.; PW -9 is the investigating officer of the case who had given details of the investigation and also proved the document prepared during the course of investigation.