NOOR MOHAMMAD Vs. STATE OF U P

JUDGEMENT

(1.) U. S. Tripathi, J. The above two appeals have been preferred against the judgment and order dated 2-7-1980 passed by 1st Additional Sessions Judge, Farrukhabad in ST No. 78 of 1980 convicting the appellants Noor Mohammad, Mohd. Masi and Bashir under Section 302 read with Section 34 IPC and sentencing each of them to undergo imprisonment for life and acquitting them under Sections 147, 148, 324 read with Section 149 and Section 323 read with Section 149 IPC and acquitting appellants Mohd. Shami and Ayub.

(2.) THE prosecution story, briefly stated, was as under: Munna deceased (24) was nephew of Rais Bux (PW 1) and was residing in the house adjacent towards east of his house. A long standing enmity was going on between Munna deceased and Noor Mohammad appellant. Proceeding under Section 107/117 Cr. P. C. had also taken place between them. Noor Mohammad and others were larger in number and they often transacted quarrel with Munna deceased.

(3.) ON receipt of above information the case was altered under Section 302 IPC. The Investigation Officer interrogated Rais Bux (PW 1), Liyakat Hussain (PW 3) and sent them to Primary Health Centre, Kamalganj for medical examination where they were medically examined by Dr. Arjun Kumar (PW 4) who found one contusion on the back of right elbow of Rais Bux (PW 1) and prepared injury report (Ext. Ka-6 ). He also examined Liyakat Hussain (PW 3 and found one incised wound over right forearm and prepared injury report (Ext. Ka-5 ).