MOHAMMAD ASHRAF Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) 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 I.P.C. and that of Section 324 I.P.C. 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 I.P.C. 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 I.P.C. and sentenced him to seven years' rigorous imprisonment. He was also convicted under Section 324 I.P.C. 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 incident took place on 10-7-1979 at about 9 p.m. in Mohalla Khera of Town Neoria, P.S. Neoria, District Pilibhit and the F.I.R. was lodged the same night at 10.45 p.m. by Maqbool Hussain PW 1, an eye-witness. The case as emerging from the F.I.R. and the evidence adduced in the Court was that the festival of Shabe-Barat was being celebrated and the deceased Mohd. Akhtar was going to his sister' house with Halwa at the fateful time. When he was passing through Mohalla Khera of Chowk Bazar of Neoria town, he found that accused Mohd. Ashraf was teasing some girls. He objected to it whereupon Mohd. Ashraf became annoyed and held out to teach him a lesson for unnecessary intervening. He allegedly called his brothers and gave a knife blow on the chest of Mohd. Akhtar. He wanted to give a second knife blow, but Riaz Ahmad PW 2 caught the knife whereby his fingers were cut. Mohd. Akhtar tried to run away but was over-powered in front of the shop of Thakuri Tailor by the four accused persons and he was given another knife blow by Mohd. Ashraf. Alarm was raised by Riaz Ahmad PW 2, Rayis and Akbar. The accused persons ran away towards northern side. They were chased but to no effect. Mohd. Akhtar died at the spot. At the time of the incident there was electric light and that of the moon. Maqbool Hussain PW 1 immediately got a report scribed by Riazuddin on the spot and lodged the same at the police station resulting in the registering of the case.