HABIBULLAH Vs. STATE OF UP

JUDGEMENT

(1.) APPELLANTS, father Habibullah, his three sons Sahibujafar, Samshuddin and Sirajuddin and one Mohd. Ishahaq have preferred this appeal against judgment of their conviction dated 18.3.82, for offence u/s 304, 325, 323/149 and 147 I.P.C. and imposed sentences of 10 years RI for the first charge, 2 years RI for the second crime, one year RI for the third offence and six months RI for the last crime, recorded by VIIIth Additional and Session's Judge, Azamgarh in S.T. No. 340 of 1980, State Vs. Habibullah and four others, relating to P.S. Mubarakpur, District Azamgarh.

(2.) STATED laconically, prosecution allegations against the appellant are that they, on 5.6.79 at 8 A.M., engaged themselves in verbal onslaught and vituperation with the informant Abdul Ghani and when forbade them to desist from using abusive words but they did not budge. Verbal duel succeeded by instigation thrown by appellant Habibullah, on which, appellant Sahibujafar caused injury by brick to the deceased Smt. Kulsum, a septuagenarian lady, as a result of which, she expired instantaneously. In the incident Abdul Ghani, Rahamatullah and Safiujjama, nephew of informant, had also sustained injuries. The occurrence was witnessed by Abdul Majeed, Abdul Wadood and Ishtahaq.

(3.) WRITTEN FIR about the incident, Ext. Ka 1, was lodged the same day at 8.45 P.M. at a distance of one mile at police station Mubarakpur, District Azamgarh by the informant Abdul Gani. Head Moharir Wakil Ahmad, had registered the crime by preparing chik FIR Ext. Ka-2 and GD entry Ext. Ka-3 and investigation into the crime was commenced by S.I. Lok Nath Ram (P.W. 4).