MUSHTAQ Vs. STATE OF U P

JUDGEMENT

(1.) FOUR persons, namely, Mushtaq, Israil, Ayyub and Qayyum were tried in S.T. No. 409 of 1979 before the Sessions Judge, Moradabad. The incident had taken place on 25 -3 -1979 at about 6.30 p.m. in village Bagrauwa, Police Station Bilari, District Moradabad and the F.I.R. was lodged by an injured eye -witness Bhure P.W. 1 on 26 -3 -1979 at 4.00 a.m. The distance of the Police Station from the place of occurrence was about 4 miles. One Rashid was murdered in the incident and injuries were caused to Bhure P.W. 1 and his wife Smt. Jafri. Rashid was done to death by shooting and injury of firearm was also caused to Bhure. Besides, Bhure and his wife Smt. Jafri had sustained lathi injuries too. Firearms were wielded by Ayyub and Qayyum whereas Israil and Mushtaq made use of lathis.

(2.) THE lower Court convicted Mushtaq and Israil under Section 323 I.P.C. as well as under Section 323 I.P.C. read with Section 34 I.P.C. but they were acquitted for the offences under Section 302 I.P.C. and 307 I.P.C. both read with Section 34 I.P.C.

(3.) AYYUB was convicted under Section 302 I.P.C. read with Section 34 I.P.C. and under Section 307 I.P.C. but was acquitted under Section 323 I.P.C. read with Section 34 I.P.C.