JUMMAN KHAN Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Gupta, J. The above named six appellants have filed this appeal against the judgment and order dated 3-3-1987 in Sessions Trial No. 714 of 1983 whereby they have been convicted and sentenced to imprisonment for life under Section 302/149 I. P. C. , to five years R. I. each under Section 307/149 I. P. C. and one year R. I. each under Section 148 I. P. C. Sentences are to run concurrently.

(2.) THE prosecution story in brief is that all the appellants are resident of village Paisa Khera, Police Station Pawayan District Shahjahanpur. Faiyaz Khan P. W. 1 is also a resident of the same village. It is alleged that election for the post of delegate of the Co-operative Society of Nyaya Panchayat Badehla was to be held. Faiyaz Khan and accused Jumman Khan both were candidates in that election. Jumman Khan pressurized Faiyaz Khan to withdraw his candidature in his favour but Faiyaz Khan refused to do so. Jumman Khan then threatened him with dire consequences.

(3.) JUMMAN Khan went to the police station in the same evening and lodged oral First Information Report (Ex. Ka. 1) at 9. 30 p. m. Case was registered and investigation ensued. The Investigating Officer went to the place of occurrence and found the dead-body of Eijaz deceased lying under the thatch of Tauqir Khan. The dead-body was taken into custody and sent to mortuary for post- mortem examination after holding inquest. Investigating Officer then prepared site plan Ex. Ka. 11. In this site plan, the place where deceased with the witnesses was talking, has been indicated by letter 'a'. The place where dead-body of deceased was found has been shown by letter 'f'. The distance between 'a' and 'f' is noted as 12 paces. The place from where accused persons opened fire has been shown by letter 'b'. The distance between 'a' and 'b' is indicated as 30 paces. Letter 'c' denotes the place from where witness Maskalla Khan had witnessed the incident from his house, while letter 'd' denotes the place from where witness Mohd. Safi witnessed the incident from his house. The distance between 'b' and 'c' is 11 paces while between 'b' and 'd' is 15 paces 'e' is the place from where witnesses Ahmad Hasan Khan and Majid Khan saw the incident. This place was situated at a distance of 18 paces from the scene of occurrence. It may also be relevant to mention here that when the Investigating Officer inspected the scene of occurrence he found no tikli, pellets or empty cartridges either at place 'a' or 'b' or 'f' or in between. No drop of blood was also found either near about the place 'a' or in between 'a' and 'f'. Blood was found by the side of dead- body in the Chhappar of Taquir Khan. Statements of witnesses were recorded and on completion of investigation, charge-sheet was submitted against all the six nominated accused persons.