ABDUL WAHEED Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. This appeal has open preferred by eight appellants. They are (1) Abdul Waheed (2) Vakil Khan (3) Abdul Hai (4) Babu Khan (5) Mukhtiyar (6) Javed Khan (7) Shafiq Khan and (8) Mohd. Hafeez. The judgment assailed in the appeal has been rendered by Sri. B. B. Khare, the then II Additional Sessions Judge, Farrukhabad on 31-3-1981 in Sessions Trial No. 274 of 1975. The accused appellants Abdul Hai, Abdul Waheed and Shafiq have been convicted under Section 148 IPC and each of them has been sentenced to two years' rigorous imprisonment. For the offence of rioting the remaining five accused appellants have been convicted under Section 147 IPC and each sentenced to undergo rigorous imprisonment for one year. Abdul Waheed has further been convicted under Section 302 IPC for the murder of Abbas Khan and sentenced to life imprisonment. The remaining seven accused appellants have been convicted for the murder of Abbas Khan under Section 302 read with Section 149 IPC and each sentenced to life imprisonment. Then, all the eight accused appellants have been convicted under Section 302 read with Section 149 IPC for the murder of Israr Khan and under Section 323, read with Section 149 IPC for causing injuries to Ashfaq Khan, Ishtiyaq, Subrati and Razzak Khan with sentence of life imprisonment for the former offence and one year' rigorous imprisonment for the latter. The sentenced awarded to each individual accused have been ordered to run concurrently.

(2.) THE incident took place on 5-11-1974 at about 8 p. m. in village Sarfabad at a distance of 4 miles from P. S. Kamalganj, District Farrukhabad. THE report by oral narration was lodged by Razzak Khan PW 1 at the concerned police station the same night at 10. 50 p. m.

(3.) THE investigation of the case was entrusted to SI Visheshwar Singh PW 7 who was present at the police station at the time of the lodging of the F. I. R. He recorded the statement of Razzak Khan informant PW 1 and other injured witnesses who had been taken there. He reached the spot on 6-11- 1974 and busied himself with the activities connected with the further investigation of the case like preparing of the site plan and inquest report of the dead body of the deceased. He took search of the houses of the accused Abdul Hai and Shafiq and took their licensed guns in his possession and sealed them with the preparation of Fards. Blood stained and simple earth was collected by him from the spot. He also took in his possession the licensed gun of Abbas, deceased and deposited the same at the police station. THE statement of other witnesses were recorded by him. He also made a report for sending the licensed guns of Abdul Hai and Shafiq, which had been collected by him, with fired cartridges (deposited at the police station by the informant) to the ballistic expert for comparison.