(1.) THIS is an appeal against the judgment and order of Sri S.N. Prasad, VIII Additional Sessions Judge, Bulandshahr convicting the appellants Ghani, Sakh Jan and Habib under Section 148 and" Sections 324, 326 and 307 read 'with Section 149, 'I.P.C. and the appellants Hakim, Mohd Umar, Babu, Khalil and faqira under Sections 148,'and 324, 326 and 307 read with Section 149, I.P.C. The appellants Ghani, Sakhi Jan and Habib under Section 148, I.P.C. had been sentenced to R.I. for' 1 1/2 years, under Section 324 read with Section '149, I.P.C. to R.I. for 1 1/2 years and under Section 326 read with Section 149, I.P.C. and 307 read with Section 149, I.P.C.to R.I. for 3 1/2 years and a fine of Rs. 60.00 on each of these two counts. The appellants Hakim, Mohd. Umar, Babu, Khalil and Faqira had been sentenced alike to six months simple imprisonment under Section 147, to one year simple imprisonment under Section 147, to one year simple imprisonment under Section 324 read with Section 149 I.P.C. to one and a half years simple imprisonment and a fine of Rs. 60.00 each under Section 326 read with Section 149, I.P.C.and 307 read with Section 149, I.P.C.
(2.) IN the first information report Ex. Ka. 4 lodged at 8.30 a.m. on 31.8.75 it had been alleged by the informant Ram Sewak Rastogi (P.W.1) that about 8.00 a.m. on 31.8.78 when he was going past his shop, he saw Hakim, Mohd. Umar, Ghani, Sakhi Jan, Babu, Faqira, Khalil, Habib and many others placing their Gumtis in the passage in front of it and when he asked them not to do so, Ghani and Babu assaulted him with their knives after the remaining accused had caught hold of him. As he fell down, Habib, fired but his shoti missed him. Latoor Hari Om, Ram Prasad, Mahendra and Benarasi Das and many other persons saved him. The accused while fleeing away had further threatened that he would be done to death later.
(3.) THE appellants had pleaded not guilty and denied their participation in the crime in question. The appellant Babu pointed that he had been falsely roped as he was a witness against the informant in the case registered at the instance of Mohan against Ram Sewak. The appellant Ghani had given out that Ram Sewak wanted to open a door on the land of the Madarsa Isiamia Arabia of which he was the secretary and as he and the other members of the Managing Committee of the school did not permit him to do so he had falsely implicated them in this case. The appellants Hakim, Mohammad Umar and Faqira in the trial court had pointed that they were seventy years old. The appellant Khalil had pointed his age to be fifty five years. Mohd. Umar had given out that he was implicated because he happened to be the father of Ghani and faqira had stated that he was roped in the case as he was the father of Babu. The informant according to the appellants was related to Jai Prakash who wanted to grab the land of the Madarsa Isiamia Arabia Turkania. They examined Sher Singh who proved documents to show that Jai Prakash had submitted plan of construction to which they were opposed. They further examined Head Constable Rafiq Ahmad to prove that Ram Sewak was an accused in another case V-and constable Balram Singh to prove that Ram Sewak was a history sheeter.