ISRAR Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. Three persons, namely, (i) Israr son of Mohammad Ali, (ii) Jabir son of Israr and (iii) Riyazul son of Dalsher were tried in Sessions Trial No. 408 of 1980 before the IX Additional Sessions Judge, Etah. Israr came to be convicted under Section 302 I. P. C. for the murder of one Huddan and also under Section 323 read with Section 34 I. P. C. Life imprisonment was awarded to him under Section 302 I. P. C. and six months rigorous imprisonment under Section 323 read with Section 34 I. P. C. The remaining two Jabir and Riyazul were convicted under Section 302 read with Section 34 I. P. C. and also under Section 323 I. P. C. Life imprisonment was awarded to them for the former offence and rigorous imprisonment for six months for the latter. Both the sentences were ordered to run concurrently. All these three persons preferred this appeal against their conviction and sentences. Appellant No. 1 Israr came to be murdered during the pendency of this appeal on 8-10-1984 and the appeal in respect of him abated as per order dated 4-5-2004.

(2.) PRESENTLY, therefore, the Court is concerned with the remaining two accused appellants Jabir and Riyazul.

(3.) IQRAR was medically examined by the same Doctor on 5-12-1979 at 2. 35 p. m. and the injuries found on his person were a lacerated wound on the left side of skull; abrasion with traumatic swelling on the back and upper part of right forearm; double line contusion on the back and lower part of the left arm and contusion on outer aspect of the left shoulder front. First and third injuries were kept under observation and X-ray was advised. The rest were simple. No X-ray was subsequently taken or produced, meaning thereby all these injuries turned out to be simple. They were caused by blunt object.