NAUSHAD Vs. STATE

JUDGEMENT

(1.) Accused appellant Naushad son of Abdul Latif resident of village Akbarpur police station Chandpur District Bulandshahar has filed criminal appeal No. 3081 of 1981 against the impugned judgment and order dated 5.12.81 passed by 2nd Addl. Sessions Judge Bulandshahar convicting him under section 25 of Arms Act and sentencing him to undergo R.I. for one year in S.T. No. 311 of 1980 whereas Criminal Appeal No. 3082 of 1981 has been filed by appellant aforesaid Naushad as well as by appellant Amar Singh son of Naubat resident of Mohalla Burj Khurja police station Khurja City District Bulandshahar against the impugned judgment and order dated 5.12.1981 passed by learned 2nd Addl. Sessions Judge, Bulandshahar convicting both the appellants under section 394 I.P.C. and sentencing them to undergo R.I. for 4 years and also convicting appellant no.2 Naushad under section 307 IPC and sentencing him to undergo 7 years R.I. in S.T. No. 309 of 1980. Both the aforesaid appeals have been filed on the ground that the judgment and order is against the weight of evidence on record; conviction of appellants is illegal and the sentence awarded to them is too severe.

(2.) Both the aforesaid criminal appeals pertain to one and the same incident. Therefore they are being disposed of by this common judgment.

(3.) The prosecution case in nutshell is that Smt. Kamla Devi was standing in a street in Mohalla Kayasthwara, Khurja City near the house of first informant Sannumal on 15.3.80 at about 10.30 A.M. Appellant Naushad armed with a country made pistol and appellant Amar Singh armed with a knife approached her and on the point of pistol put by appellant Naushad, Amar Singh appellant snatched a golden chain from her neck . She raised hue and cry by saying that she was robbed and asked for help whereupon first informant Sannumal, his brother Ram Gopal, Kishan Panda and others chased the miscreants. Some other person also followed them. At a short distance, appellant Naushad fired his country made pistol as a result of which Sannumal and Kishan Panda sustained fire arm injuries but still they continued to chase accused persons. Appellant Naushad again fired his country made pistol causing injury to prosecution witness Ram Gopal. Hearing the sound of firing number of persons and police constables present at nearby place were attracted and both the accused were apprehended by public after assaulting them with lathies, as a result of which the country made pistol of appellant Naushad and a knife wielded by appellant Amar Singh were broken and Naushad fell unconscious. First informant and others took both the appellants as well as the aforesaid material viz. country made pistol and recovered 9 cartridges from Naushad as well as the knife recovered from Amar Singh to the police station and lodged the report.