MOHAMMAD JAN Vs. STATE

JUDGEMENT

(1.) THIS is a criminal appeal against the judgment and order dated 5th September, 1979 passed by the then learned V Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 53 of 1979 State v. Mohammad Jan, and two others, convicting the accused persons under section 302 read with section 34 IPC and sentencing each of them to Imprisonment for Life.

(2.) THE prosecution case briefly stated is that Ata Mohammad son of Altaf Husain, Ballu Kban and Bachchan Khan are residents of village Garhiya Lai Khera, P. S. Katra District Shahjahanpur. THE deceased Bunda Khan. was also a resident of the same village. On 6-12-78 they had all gone to the Fatehganj market. THEy were returning from the said market after making purchases. At about 5.00 P. M. they reached the field of Masit Khan. THE accused Mohammad Jan, Hasnain and Mamma, who are sons of Mia Jan, are residents of the said village Garhiya Lal Khera. THEy along with one unknown person emerged from bushes and shrubs. THE unknown person had masked his face and was aimed with a country made pistol and a lathi. THE accused Mamma, Mohammad Jan and Hasnain were armed with a Gandasa, a Kanta and a gun. respectively. THEy uttered that they would kill Bunda Khan while asking others to stay away. THEreafter they started assaulting Bunda Khan with Gandasa,. Kanta and Lathi. THE other persons tried to save Bunda Khan whereupon the accused Hasnain asked them to stay away, otherwise they would kill them. THEy were all unarmed. THEy were raising alarm while standing. THE accused ran away towards south after murdering Bunda Khan. Bunda Khan received serious injuries on his face, neck, head and hands. Ata Mohammad got a report Ex. Ka-1 written, by one Triveni Sahai Misra on his dictation about the incident. He took it to the police station Katra, where he handed it over to the constable clerk Muneshwar Dayal, who on its basis prepared a check report Ex.-Ka-11 and registered a case in the General Diary at serial No. 38, an extract of which is Ex. Ka-12.

(3.) ON the receipt of the post-mortem report and after the completion of the investigation into the case, the Investigating Officer submitted charge-sheet against these accused.