LAL MOHAMMAD Vs. STATE

JUDGEMENT

(1.) SEVEN persons, namely, Lal Mohammad, Samar Bahadur Singh, Ibrahim alias Matau, Rahmat Ullah, Rasool, Muneer and Murtaza were tried by the Special/Additional Sessions Judge, Raibareilly in Sessions Trial No. 407 of 1983 for the offence punishable under Section 302/149, I.P.C. In addition-Lal Mohammad, Samar Bahadur Singh, Rahmat Ullah, Rasool, Muneer and Murtaza were tried for the offence punishable under Section 147, I.P.C. ; Ibrahim alias Matau for that punishable under Section 148, I.P.C. ; Lal Mohammad for that punishable under Section 323, I.P.C., and remaining six for that punishable under Section 323/149, I.P.C. The learned trial Judge vide judgment and order dated 10.9.1984 convicted and sentenced all seven of them to imprisonment for life for the offence punishable under Section 302/149, I.P.C. In addition-he convicted and sentenced Ibrahim alias Matau to two years' R.I. for the offence punishable under Section 148, I.P.C. the remaining six to one year R.I. for that punishable under Section 147, I.P.C. and Lal Mohammad to six months' R.I. for that punishable under Section 323, I.P.C. The sentences of the said persons were directed to run concurrently.

(2.) AGGRIEVED by their convictions and sentences, appellants Lal Mohammad, Samar Bahadur Singh and Ibrahim alias Matau preferred Criminal Appeal No. 725 of 1984 in this Court ; appellant Rahmat Ullah Criminal Appeal No. 726 of 1984 ; and appellants Rasool, Muneer and Murtaza Criminal Appeal No. 727 of 1984.

(3.) THE evidence of Mohammad Taha (P.W. 1) shows thus :