NASEER ALIAS PULLU Vs. STATE OF U P

JUDGEMENT

(1.) VISHNU Sahai, J. Through this appeal, appellants Naseer alias Pullu, Naseer alias Bhullan and Aziz have challenged the judgment and order dated 15-5-1981 passed by IIIrd Additional Sessions Judge, Rae Bareli, in Sessions Trial No. 274 of 1980, whereby they have been convicted and sentenced to undergo imprisonment for life for the offence punishable under Section 302 read with Section 34 IPC.

(2.) SHORTLY stated the prosecution case runs as under : Informant Rasool Ahmad (PW 1) was the real brother of deceased Jamil Ahmad. At the time of the incident the informant and deceased were living in village Ghosi Ka Purwa H/o. Rajapur, situated within the limits of police station Salon, District Rae Bareli. At that time, appellant and co-accused Madari were also living in the said village. They are inter-related. Appellant Nasir Ahmad alias Pullu and Madari are real brothers. Appellant Nasir alias Bhullar is the son of the sister of the father of appellants Nasir Ahmad alias Pullu and Madari. Appellant Aziz is the son of Abdul Bari, the brother of appellants Nasir Ahmad alias Pullu and Madari. There was enmity between informant and the deceased on one hand and appellants and co-accused Madari on the other. About two years before the murder of the deceased co-accused Madari had assaulted the informant's brother Sher Mohammed and he was prosecuted in the case arising therefrom. A year before that the informant, deceased Jamil and others were prosecuted for assaulting appellant Naseer alias Pullu and Nasir's brother-in-law (sala) Babban. On 29th April, 1980, at about 7. 30 a. m. informant Rashool Ahmad, deceased Jamil Ahmad and Munna proceeded on cycles to village Salon to sell milk. On the way Mohd. Yusuf (PW 2) met them. He was also on a cycle. Jamil was about 40-50 paces ahead from informant. As soon as informant, Jamil and others reached near a culvert, at the outskirts of village Rajapur, from behind Behaya bushes, appellants Naseer alias Pullu, Naseer alias Bhullan and Aziz and co-accused Madari, all who were armed with lathis, emerged. They were exhorting "jaan Se Maar Dalo". They thereafter, launched an assault with lathis on jamil who fell down as a consequence thereof. When the informant and others tried to rescue Jamil, they told them that they would meet the same fate. After assaulting Jamil, the appellant ran away towards western side. As a consequence of assault Jamil died on the spot. Leaving the corpse of Jamil under the care of Munna and Yunus, the informant Rasool Ahmad got his FIR scribed by Sakir Ahmad and proceeded along with it to police station Salon where he lodged it.

(3.) THE evidence of S. O. Chotey Lal Chaudhary (PW 6) shows that from 15-5-1980 onwards he conducted the investigation and on 3-6- 1980, after completing it submitted the charge-sheet against appellants and Madari.