HAFIZULLA Vs. STATE

JUDGEMENT

(1.) SIX persons, namely, Hafizulla, Wahidulla, Azimullah, Asimullah, Ibrahim and Samiullah were charged by the IV Additional District and Sessions Judge, Sitapur for offences punishable under Section 302 read with 149 IPC and Section 323 read with 149 IPC. In addition, Wahidulla, Azimullah and Ibrahim were charged for the offence punishable under Section 147 IPC and Hafizulla, Samiullah and Azimullah for that punishable under Section 148 IPC. The learned Judge, vide judgment and order dated 21-12-1981, passed in Sessions Trial No. 136 of 1980 convicted all of them for offence punishable under Sections 302 read with 149 IPc and 323 read with 149 IPC. On the former count he sentenced them to undergo imprisonment for life, on the latter to three months' R. I. Further, he convicted Wahidulla, Azimullah and Ibrahim for the offence punishable under Section 147 IPC and sentenced them to six months' R. I. and Hafizulla, Samiullah and Azimullah for that punishable under Section 148 IPC and sentenced them to undergo one year R. I. The substantive sentences of the said six accused persons were directed to run concurrently. Aggrieved by their convictions and sentences the aforesaid six persons preferred Criminal Appeal No. 961 of 1981 in this Court. During its pendency, appellant Ibrahim died and his death was confirmed by the learned C. J. M. , Sitapur, vide his report dated 15-4-1999. Consequently, the appeal preferred by him abates.

(2.) SHORTLY stated, the prosecution case runs as under : At the time of incident informant Sobaran Lal (P. W. 1), deceased Raja Ram, Jagdev (P. W. 3), Bindra (P. W. 5) and the six appellants, namely, Hafizulla, Wahidulla, Azimullah, Asimullah, Ibrahim and Samiullah were residing in Village Mallapur within the limits of police station Hargaon, District Sitapur. The appellants were closely inter-related; Hafizulla, Wahidulla, Azimullah and Asimullah being real brothers, being sons of Ibrahim and Ibrahim and Samiullah being real brothers, being sons of Madar Khan. About 2-3 months prior to the incident, deceased Raja Ram and one Girija had assaulted appellant Asimullah. A case was instituted against them in which they were on bail at the time of incident. On August 30, 1979 Jal Vihar fair was being celebrated in village Mallapur. A dance troupe had been arranged for a sum of Rs. 140. On the said date, at about 2. 00 p. m. , the informant, deceased Raja Ram and Dinesh Kumar went around the village and started collecting three rupees per house as contribution for paying the dance party. They also went to the house of a carpenter called Manohar where on the issue of contribution, an altercation took place between them and Manohar. At that juncture the six appellants came. Appellant Hafizulla was armed with a gandasi Asimullah with a knife and Samiullah with a bhali and the remaining appellants, namely, Wahidulla, Azimullah and Ibrahim with lathis. Seeing Raja Ram, the appellants said that it was a good opportunity. They caught hold of Raja Ram and beating and dragging Raja Ram took him from Manohar's door to the Chabutra (raised platform) in front of appellant Ibrahim's house. There all of them with their respective weapons belaboured Raja Ram. This incident was seen by the informant, Dinesh Kumar, Jagdev (P. W. 3) and Bindra (P. W. 5) from beneath a Neem tree situate to the west of appellant Ibrahim's house. When the informant proceeded to save Raja Ram, appellant Wahidulla inflicted two lathi blows on his person. Thereafter the appellants ran away. The informant discovered that Raja Ram was dead. He took his corpse to the door of Dinesh Kumar and after leaving it there, proceeded to police station Hargaon where he lodged his FIR.

(3.) THE evidence of the informant Sobaran Lal shows that after the FIR was lodged and he had been interrogated under Section 161 Cr. P. C. , he was sent through a constable alongwith Chitthi Majroobi (letter of request for medical examination) for medical examination at Primary Health Centre Hargaon but since on the said evening, the doctor was not available, he returned to police station Hargaon and next day at 11. 00 a. m. he was medically examined.