MOHD ASHRAF Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. These two appeals are connected with each other having arisen out of judgment dated 7-3-1981 passed by Sri V. S. Agrawal, the then II Additional Sessions Judge, Pilibhit in Sessions Trial No. 148 of 1980. Mohd. Ashraf, Mohd. Talib, Mohd. Ashfaq and Mohd. Suleman were tried before the lower Court. The charge against Mohd. Ashraf was under Section 302 IPC and that of Section 324 IPC. The former charge was for committing the murder of Mohd. Akhtar and the latter for causing hurt with a knife to Riaz Ahmad PW 2. The remaining three accused were charged under Section 302 read with Section 34 IPC for the murder of Mohd. Akhtar.

(2.) MOHD. Ashraf and MOHD. Talib were real brothers, and remaining two were their cousins. The trial Court convicted MOHD. Ashraf under part second of Section 304 IPC and sentenced him to seven years' rigorous imprisonment. He was also convicted under Section 324 IPC with a sentence of two years' rigorous imprisonment and both the sentences were directed to run concurrently. The remaining three accused MOHD. Talib, MOHD. Ashfaq and MOHD. Suleman were acquitted. Resultantly, Criminal Appeal No. 924 of 1981 has been filed by MOHD. Ashraf against the conviction and sentence passed against him whereas Government Appeal No. 1353 of 1981 has come to be filed by the State against the acquittal of MOHD. Talib, MOHD. Ashfaq and MOHD. Suleman.

(3.) THE investigation was taken up by S. O. Gulab Singh PW 5. THE dead body of Mohd. Akhtar was sent for post-mortem which was conducted on 11-7-1979 at 2 p. m. by Dr. Amrendra Singh PW 6. THE deceased was aged about 20 years. He had suffered three stab wounds, one on the front of left side of chest, second of the front of right side of chest and third on the abdomen 8 cm below the umbilicus. THE cause of death was shock and haemorrhage due to ante-mortem injuries.