FAIYAZ AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of the instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 21.12.1987 passed by the VII-Additional Sessions Judge, Meerut, in Sessions Trial No.8 of 1986 (State of U.P. Vs. Faiyaz and others), under Section 302, 302/34 I.P.C., Police Station- Kithore, District- Meerut, whereby all the appellants have been sentenced to life imprisonment.

(2.) Heard Sri Ajay Kumar Pandey, learned counsel for the appellants, Shri Krishna Pahal, learned Additional Advocate General assisted by Sri Bhanu Prakash Singh, learned A.G.A. for the State and perused the record.

(3.) Prosecution case is that one Shaharyab s/o Afsar of village- Jadauda, P.S.- Kithore, District- Meerut lodged an F.I.R. at Police Station- Kithore, District- Meerut on 13.10.1985 at 3:15 p.m. against accused Faiyaz, Mahfooz, Hasnain and Tariqat alleging that the informant and his father Afsar were going to collect fodder from jungle on 13.10.1985 around 12:00 noon, while they were so proceeding and reached near the sugarcane filed of Faiyaz. Suddenly Faiyaz, Mahfooz, Hasnain and Tariqat, the co-villagers appeared on the scene from the sugarcane field possessing country made gun in their hands challenging that they will not spare the informant side whereupon the informant and his father got frightened and they tried to flee away from the scene when Faiyaz fired with his gun on informant's father due to which he fell down and the informant saved himself by fleeing away from the scene. On hearing the sound of the fire villagers Yusuf, Mahmood, Muzaffar, Hisamuddin, Nazar Hussain and Akhtar arrived on the spot and on seeing these persons the assailants also secured their escape and disappeared in the sugarcane field. Motive imputed in the F.I.R. was one as some previous altercation/ haggling that took place between the father of the informant and the accused side when Akhlaq wanted to construct the wall whereupon life threat was extended by the accused. After the occurrence the co-villagers and the informant rushed to the spot where the informant's father fell down then they came to know that the victim has died. One barrel and slipper belonging to the accused was also lying on the spot. This report is Ex. Ka-1. Relevant entries were made in the concerned check F.I.R. whereby case was registered at case crime no.333 of 1985 under section 302 I.P.C. at Police Station- Kithore, District- Meerut on aforesaid date and time. The check F.I.R. is Ex. Ka-3 and the concerned G.D. of the aforesaid date and time at aforesaid police station is Ex. Ka-4. Investigation of this case was taken by Inderdev P.W.-6. He took note of the contents of the F.I.R. and the concerned general diary entry and arrived on the spot at around 5:30 p.m. in the jungle of village Jadauda. He prepared the inquest report on the spot- Ex. Ka-5 and apart from that he also prepared relevant papers. The challan dead body, photo dead body and letter to C.M.O./R.I. and photo nash etc. These papers are Ex. Ka-6 to Ka-9. Besides he also prepared memo of simple and blood stained clay roll Ex. Ka-12. He also made the memo of slipper and the barrel found on the spot Ex. Ka-13. He prepared the site plan Ex. Ka-14. Besides he also sent the dead body of the deceased Afsar for post-mortem examination to mortuary where P.W.3 Dr. R. Singh conducted the post-mortem on the cadaver of the deceased on 14.10.1985 at 11:30 p.m. wherein the following ante-mortem injuries were noted :-