PHULLAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Sumit Kumar Srivastava, learned counsel for the applicants, Sri Ajay Kumar Srivastava, learned AGA for the State and perused the material available on record.

(2.) Present appeal has been preferred by the appellants against the judgment and order dtd. 1/8/2000, passed by Vth Additional Sessions Judge, Pratapgarh, in Session Trial No.57 of 1997, whereby the appellants have been convicted under Sec. 307 IPC read with Sec. 34 IPC and all the appellants except appellant Mausim Ali, have been sentenced to under go rigorous imprisonment of 7 years and payment of the fine of Rs.2,000.00 each and further to under go imprisonment of 3 years in default of payment of fine and the appellant Mausim Ali is convicted under Sec. 307 IPC read with Sec. 37 IPC and sentenced to pay the fine of Rs.2,000.00 and in default of payment of fine to undergo further imprisonment for a period of 3 months. During the pendency of appeal the appellants Hashim Ali son of Mausim Ali and Maushim Ali(appellant nos.2 and 4) have died and appeal was abated on their behalf vide order dtd. 26/8/2022. Appellants Mohd. Idris and Phullan son of Mausim Ali were released on bail.

(3.) Wrapping the facts in brief, on 16/7/1996 at about 9.00 A.M., when the informant(Abdul Hamid) was planting the paddy in his fields the accused-appellants Mausim Ali and Hashim Ali, Phullan and Mohd. Idris sons of Maushim Ali, assaulted him with lathi-danda and fire arm due to old animosity. He tried to escape towards his house, but Hashim, Phullan and Mohd. Idrish started firing and his brother Abdul Wahid(P.W.-1) stuck in the fields, filled with water. The fire, shot his bother, when he raised noise the witnesses Bachai, Hatim Ali, Sabit Ali, Iddu @ Neta, reached there and challenged the accused, then all of them went to their house.