MUNNEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By the judgment and order dated 26-2-1980 passed by the then Ist Additional Sessions Judge, Bareilly in Sessions Trial No. 108/1979 the appellants named above have been convicted and sentenced to imprisonment for life under Sec. 302 read with Section 34, I.P.C. Appellant Sarwar has been further convicted and sentenced to a period of three years' R.I. under Section 307, I.P.C.

(2.) Briefly stated the prosecution case is that Abdul Gaffar Qureshi, father of deceased Iqbal Farooq Ahmad had purchased a house situated in Mohalla Guiyan Talab. Absconding accused Sakhawat was a tenant in that house. Abdul Gaffar Qureshi obtained a decree for ejectment of Sakhawat from that house and in execution of the decree, Sakhawat was evicted on 16-10-1978 and his movables were attached by the Court Amin on the same day and they were given in the custody of Mohammad Jama Khan, PW-1. The attached property was kept by the Custodian, Mohammad Jama Khan in the same house. On account of eviction and attachment of his property Sakhawat was annoyed with Iqbal Farooq Ahmad and his father Abdul Gaffar Qureshi. Sri Qureshi was an ex-employee of Civil Court, Rampur while deceased Iqbal Farooq Ahmad was still working as a Reader in Civil Court, Rampur, when the present occurrence took place. It is alleged that Sakhawat suspected that Iqbal Farooq Ahmad was instrumental in getting him evicted. According to the prosecution case the present appellants Munney and Sarwar are friends of Sakhawat who could not be tried as he absconded.

(3.) The prosecution case further is that in the morning of 11-11-1978 Mohammad Jama Khan PW-1 had gone to the house in question in order to see the attached goods which he had kept there. Mohammad Jama Khan, Iqbal Farooq Ahmad, Abrar Ahmad alias Raju, PW-2 and Fasih Uddin, PW-3 had also accompanied him. At about 8.45 a.m. when all these four persons were inside the house, Sakhawat along with present appellants Munney and Sarwar came there. Sakhawat shouted that Iqbal was a Reader in the Judges Court and he got him evicted from the house and he be killed. Saying this Sakhawat gave a blow to Iqbal with a dagger (big chhuri) in his abdomen due to which Iqbal fell down on the ground. Then accused Sarwar held him by his head and accused Munney and Sakahwat gave a number of blows of dagger to him causing severe injuries. Appellant-Munney is alleged to be armed with a small dagger (Chhuri). When Abrar Ahmad attempted to rescue his brother, Sakhawat asked Sarwar to shoot him dead, whereupon appellant-Sarwar fired a shot from country-made pistol, but Abrar Ahmad escaped as he had entered into Kothri. The pellets of the fire created marks on the wall by the side of the doors. On the alarm raised by the victim and witnesses the accused-appellants and Sakhawat ran away from that house with their respective weapons. The witnesses found that Iqbal has already died on account of injuries sustained by him. Mohammad Jama Khan PW-1 immediately proceeded for the police station Ganj, Rampur where he dictated an oral report which was taken down in the chik register as Ex. Ka-1 by Head Constable Rajvir Singh PW-7 on the same day at 9.10 a.m.