TAYYAB Vs. STATE OF U. P.

JUDGEMENT

(1.) Criminal Appeal Nos. 5705 of 2013 (Tayyab and Tahir vs. State of U.P.), 324 of 2014 (Waheed Ahmad vs. State of U.P.) and 362 of 2014 (Iqbal vs. State of U.P.) are directed against the judgment and order dtd. 27/11/2013, passed by Additional Session Judge/Special Judge (E.C. Act), Bareilly in Session Trial No.345 of 2009 (State vs. Tahir and others), arising out of Case Crime No.76 of 2009 under Ss. 323/34, 324/34, 302/34, 504 and 506(2) IPC, Police Station Bahedi, District Bareilly, whereby accused appellants have been convicted and sentenced to undergo one year imprisonment under Sec. 323/34 IPC; two year imprisonment under Sec. 324/34 IPC; and life imprisonment under Sec. 302/34 IPC with fine of Rs.10,000.00 each and in default of fine the accused appellants are to further undergo one year additional imprisonment. All the sentences are to run concurrently and half of the fine is directed to be paid to the nearest relative of deceased Minzar.

(2.) Prosecution case in this case proceeds upon a written report of first informant Mohd. Arif (PW-1) alleging that on 17/1/2009, at about 08.45 PM, he was going towards Majar of Maula Shah Miyan when accused Tahir on a motorcycle kicked him and on his objection hurled filthy abuses and also threatened him. On his return when he reached Hauli Chauraha he found that the accused Tahir alongwith his real brothers Iqbal and Tayyab and cousin Wahid Ahmad were waiting, armed with pistol, sword, kanta and lathi (wooden log) and on seeing him the accused Iqbal exhorted that kill the informant. Accused persons started assaulting the informant with the pistol grip and lathi (wooden log) and on hearing his cries the informant's brother Minzar and Ashraf came and saved him, whereafter accused persons took Minzar and Ashraf inside their house and with an intent to kill them started assaulting them with sword and kanta and accused Tahir fired from his pistol but the bullet missed. Minzar and Ashraf suffered injuries from sword and kanta and the accused persons left them in the nearby lane presuming them to be dead. The entire incident was seen in the tube-light by the informant and that his brothers are in serious condition.

(3.) On the basis of aforesaid written report (Ex.Ka.1) the First Information Report (Ex.Ka.7) came to be registered as Case Crime No.76 of 2009 under Ss. 323/34, 324/34, 302/34, 504 and 506(2) IPC, Police Station Bahedi, District Bareilly on 17/1/2009 at 09.10 PM. The injured Minzar was sent to the Community Health Centre for his medical examination alongwith Chitthi Majroobi with Home Guard Dwarika Prasad. The Medical Officer (PW-3) examined the injured Minzar on 17/1/2009 at 09.30 PM and found following injuries on him:-