STATE OF U P Vs. ANNOO ALIAS MOHDABDULLAH

JUDGEMENT

(1.) State of U.P. has filed this appeal against the judgment and order dated 16th May 1976 passed by Sri R.P. Guptil, IV Additional Sessions Judge, Pilibhit acquitting the respondents Annoo, alias Mohd. Ullah and Puttan, Co-accused Babu was also tried along with the respondents Annoo and Putten and he was also acquitted along with them but before filing of the Government Appeal Babu not with natural death.

(2.) The case of the prosecution is that on 18.12.1974 Tika Ram (P.W. 5). Sewa Ram and Sohan Lal, Students of Islamia College, Pilibhit, were going on foot to take mid-term examination in their College and when they reached near the residence of District Judge at about 9 or 9.15 A.M. two persons came on a cycle and ,struck against Sohan Lal and when the students protested the persons who came on cycle gave them beating with Chappals. Two persons on Rickshw who also happened to come at time threatened the students that they would not be permitted to go further from the crossing of Naktadana. Being frightened, the aforesaid three students reached their College in a Rickshaw and took their examination and came out at about 12 noon. At that time Ram Kumar deceased met them and enquired about the matter as he had noticed dirt on the clothes of the aforesaid three students. The students narrated the whole occurrence to him. Ram Kumar asked them to accompany him saying that he would get the matter compromised if he knew the assailants from before. Virendra Kumar (C.W.1) also accompanied Ram Kumar and the aforesaid students, and they left for Kamelley Halvai Ka Chauraha and from near the Tahsil Ram Kumar also took Han Shanker (P.W. 3) with him. Ram Kumar Han Shanker were in a Rickshaw and the other three students were on foot, when the party reached near the Qura Garh crossing, the three accused i.e. Annoo, Puttan and Babu along with Suleman met them. Annoo told Suleman that those were the boys who had quarrelled with them in the morning and thereupon Suleman had asked his companions to kill them. The accused Babu and Puttan were armed with knives while Annoo had lathi with him.

(3.) Tika Ram Sewa Ram and Sohan Lal who quarrelled with them on the moving had run away but the accused Babu, Puttan and Annoo assaulted Ram Kumar, Han Shanker and Virendra Kumar with knives and lathi and caused them injuries. The occurrence was witnessed by Anil Kumar (P.W.2) Ashok Kumar and Anurag. Constable Tej Pal Singh (P.W.4) posted at police out post Khakra in those days happened to reach there and the occurrence was also witnessed by him. Accused Babu gave knife blows to Ram Kumar and Virendra Kumar and puttan 0 Han Shanker (P.W.3) constable Tej Pal Singli caught hold of Annoo with lathi and the remaining three accused had made good their escape from the place of occurrence.