ABDUL HAKIM Vs. STATE OF U P

JUDGEMENT

(1.) FIVE accused, namely, Shakoor, Abdul Ghaffoor, Abdul Hakim, Abdul Rahim and Jumma were put to trial for the offences under sections 147, 148, 302 and 323 read with section 149 IPC in S. T. No. 217 of 197K of District Moradabad. By the judgment and order dated 23-1-79, accused Shakoor, Abdul Gaffoor were given benefit of doubt and were acquitted, while the remaining persons, namely, Abdul, Hakim, Abdul Rahim and Jumma were found guilty and convicted of the offence under sections 147, 302/149 and 323/149 IPC and were sentenced to imprisonment for life under section 302 IPC imprisonment for one year under section 147 IPC and to imprisonment for three months under section 323 read with section 149/34 IPC by another order of the same date. Three accused have come up in appeal both against their conviction and sentence.

(2.) WE have heard the learned counsel for the appellants and A.G.A. at length and gone through the record of the case along with them.

(3.) HABIBUL Rahman was examined by PW 1 Dr. Subhash Tyagi on 14-10-1977 and simple injuries were found upon his person. The body of Sharif Ahmad was sent for post mortem examination which is said to have been conducted by Dr. S.P.Srivastava. Dr. Srivastava does not seem to have been examined by the court. The post mortem report which might have been prepared by him is Ex. Ka 20 subject to the observations that may be made in respect of this procedure, it may be mentioned that Sharif Ahmad had a number of contusions, lacerated wound and incised would upon his person as noted in the report of the post mortem examination.