HASRAT Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises from a judgment and order of 6th Additional District and Sessions Judge convicting and sentencing each of the appellants, namely., Hasrat, Jareef and Manglu to an imprisonment for life under Section 302, I.P.C. read with Section 34 of the Indian Penal Code.

(2.) The prosecution story as unfolded in the first information report lodged by Mansoor Hussain (P.W.3) at 10.25 p.m. on 29-12l978 in Police Station Kithore district Meerut was in respect of an occurrence which took place in village Jadaunda within the aforesaid Police Station Circle. It was alleged that the tube-well motor of the father of the maker of the report was stolen about 12-13 months before the occurrence. Anwar Hussain, father of the maker of the report had lodged a report against the appellants. The appellants had not been arrested in connection with this theft by that time. Anwar Hussain was making efforts to get them arrested. The appellants got an information about these facts. It is alleged that at about 7-30 a.m. on 29-12-1978, Jareef, and Hasrat stopped Anwar Hussain near the house of Hasrat and abused him. They told him that as he was making efforts to get them sent to Jail and if he does not stop these activities it will be very bad for him. An exchange of abuse took place between both the parties. They ran towards the deceased for making an assault. At that time this deceased Anwar Hussain had told them that as long as he does not get them sent to jail, he will not keep quiet. Thereupon Hasrat and Jareef had threatened Anwar Hussain that they will kill him before going to jail. It was alleged that at about 7.30 p.m. on 29-12-1978 the deceased was going to his crusher situate at a distance of one furlong North West from the village for offering Namaz. The maker of the report was also going behind him. On the way the appellants came out of the bush. Manglu and Hasrat had lathis and Jareef had one edged 'Ballam'. They challenged the deceased as to how he will escape. Anwar Hussain had a torch. He flashed his torch. The maker of the report recognised the assailants. The appellants caused injuries to the deceased with their weapons. On the alarm of the deceased and Mansoor Hussain, Mijdak Hussain, and Sajid Hussain had also arrived on the spot. It was alleged that the iron portion of the 'ballam' broke from the lathi portion and fell on the ground.

(3.) After the occurrence Mansoor Hussain prepared a report at his residence in village and went to the Police Station and lodged the first information report. The investigation was taken up by Ganga Ram Nagar(P.W. 8). He interrogated the witnesses at the Police Station. He conducted the inquest proceedings on the next morning. The investigation was thereafter taken up by Khem Singh (P.W. 7) Station Officer of the Police Station concerned. He after completing the investigation submitted a charge-sheet.