SHAKOOR ALIAS DANA S O AZMATULLAH Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order dated 7.5.1983 passed in S.T. No. 256 of 1982 by the Sessions Judge, Bijnor whereby the appellants Hasmat alias Kalu and Qayyaum alias Kamil were convicted under Section 148 I.P.C. and sentenced to rigorous imprisonment for one year and appellants Shakoor alias Danz, Zahoor, Akhtar, Sharafat, Zamir and Waheed were convicted under Section 147 I.P.C. and sentenced to rigorous imprisonment for six months. All the appellants were also convicted under Section 302/149 I.P.C. and sentenced to under go rigorous imprisonment for life. They were further convicted under Section 307/149 I.P.C. and sentenced to under go rigorous imprisonment for five years. All the sentences were to run concurrently.

(2.) The brief facts of the case as mentioned in the F.I.R. are that on 26.7.1982 at about 6.00 P.M. the complainant along with his brother Naseem, uncles Amir Ali and Sami were sitting in their Baithak and were holding talks. In the mean time Shakoor alias Dana, Zahoor, Hashmat alias Kalu, Akhtar, sharafat, Zamir, Waheed and Quayyaum alias Kamil came armed with Lahi, Tabal, Ballam and gun. Qayyum alias Kamil and Hashmat alias Kalu were armed with gun and remaining appellants were armed with Lathi, Ballam and Tabal. As soon as they reached the baithak they started abusing. They stated that you had assaulted their children so they will teach them a lesson. They thereafter started assaulting them. On the exhortation of Shakoor, Hashmat alias Kalu and Qayyum alias Kamil had fired with their guns. Naseem and Sami had received fire arm injury. Sami died on the spot. His uncle Amir Ali had also suffered injuries. On hearing the alarm Natthu, Ali Hasan, Qayyum, Ibrahim, Shabbir and several other persons have reached there, witnessed the occurrence and saved them. It is further alleged that they had also used Lathi and Ballam in order to save themselves. The accused have also received injuries. The complainant had left the dead body and injured at the place of occurrence. He went to lodge the report along with Ishaq and Hamid. A case was registered at police station H aur at about 8.30 P.M. on 26.7.1982.

(3.) After registration of the report P.W. 6 Tikam Singh Bhati Started the investigation. He prepared the inquest report, photo lash and Chalan Lash which are Exts. Ka-9 to Ka-11. The post mortem of Sami was conducted by P.W. 2 Dr. S.K. Kapoor on 27.7.1982 at about 12.45 P.M. and had noted the following ante mortem injuries:1. Lacerated punctured wound .5 cm x .4 cm muscle deep on the right side face 3.0 cm away and below the right angel of mouth. 2. Lacerated wound 1.0 cm x .4 cm x muscle deep on the left side of neck, 5.0 cm below the left pinna of ear. On exposer, one pellet recovered from the muscle of neck. 3. Lacerated rounded wound .4 cm x .4 cm on the left cheek 3.0 cm horizontally away from the left angle of mouth. Wound is muscle deep.