STATE OF U P Vs. NASIR RAZA KHAN

JUDGEMENT

(1.) Kaji Zamirn Ahmad aged about 29 years is a resident of village Khata Nagariya, Police Station Milak in the district of Rampur. He along with his younger brother Bashir purchased a tractor after obtaining loan from the State Bank, Milak in the year 1970. He gave the aforesaid tractor on hire to the accused Nasir Raja Khan, a resident of the same village, in August 1973 at Rs. 100/- per day and received Rs. 4000/- as advance in a few instalments. The accused Nasir Raja Khan passed on the aforesaid tractor to his relation Mansub Ali Khan, resident of village Dharupur Thakuran in the district of Bareilly. The accused Nasir Raja Khan called Kaji Zamir Ahmad through his son Sajid Raja Khan at about 6.30 p.m. on 23rd April, 1974. Kaji Zamir Ahmad Khan reached at the residence of the accused Nasir Raja Khan. He found Zahid Khan, Irshad Khan and two unknown persons of Rampur city there. The accused Nasir Raja Khan closed the door of his Baithak from inside when Kaji Zamir Ahmad P.W. 1 reached there. The persons sitting in the Baithak were armed with cane, lathi and Hockey sticks. The accused Nasir Raja Khan said that he would clear the accounts as Kaji Zamir Ahmad was complaining to several persons about the rent of the tractor. After saying so the accused Nasir Raja Khan asked Kaji Zamir Ahmad to copy out a receipt which was handed over to him. He refused, whereupon, he was threatened. Then be was forced to write down a receipt on the dictation, of Nasir Raja Khan. Be was forced to give a back date in the receipt. Thereafter, he was warned not to disclose this affair to anyone outside. He then came out of the Baithak. The accused Nasir Raja Khan and his companions named above also came out. Kaji Zamir Ahmad protested outside the Baithak that Nasir Raja Khan did not behave well and that he would not remain silent and that its consequence would not be good. Just then the accused Nasir Raja Khan asked his companions to beat Kaku Zamir Ahmad. All the six accused then began to beat him. Nasir Raja Khan was armed with a cane. The accused Irshad Khan was armed with hockey. The accused Zahid Khan was armed with knife and the accused Sajid Khan was armed with Danda. The remaining two unknown persons were armed with Lathis. Kaji Zamir Ahmad cried. His cries attracted Mohd. Shafi P.W. 2 and Smt. Quadiri- Begum. They tried to help the victim and so they were also beaten. All the three victims then cried and their cries attracted Ahmad AU P. W. 3, Ishrat Khan and Qadir Khan. - The accused then left the place. Kaji Zamir Ahmad P.W. 1 lodged the first information report at 9.25 P.M. on the same night at police station Milak. The distance of police station being two miles from the place of occurrence.

(2.) Dr A. S. Bhatnagar P.W.6, District Hospital, Rampur, examined Kaji Zamir Ahmad P.W. 1 at 7 A.M. and Smt. Quadiri Begum at 8.15 A.M. on 24.4.1974 and found the following injuries on their persons as enumerated in the injury reports Ext. Ka-7 to Ext. Ka-9. The following injuries were found on the person of Kaji Zamir Ahmad; 1. One lacerated wound 3 cm x 2 cm x bone deep on medial side of Rt. Leg 7 cm below knee joint fracturing the bone tibia (compound fracture), advised X-ray to confirm whether one bone is fractured or both bones fractured. Coagulated blood present around the wound. 2. One abraded reddish contusion 9 cm x 6 cm on the outer and front side of the Rt. leg in the middle, kept under observation, advised X-ray.

(3.) One lacerated wound. 5 cm x 3/4 cm x scalp deep on left side of head 8 cm above left eye brow. Coagulated blood was present around the wound. One incised would 4 cm x 1/2 cm slightly oblique in direction from inner to outer side on the forehead just above the outer side of left eye brow. Coagulated blood present around the wound. One incised wound 1 cm x 1/2 cm x 1/2 cm transverse in direction fracture to outer side just on the outer side of left eye brow, 3/4 cm below injury no. 4. Coagulated blood around the wound. One abraded reddish contusion 5 cm x 3 cm on the back of Rt. elbow joint, kept under observation, advised X-ray. One reddish contusion 4 cm x 2 cm on the back of the middle of Rt. forearm having one abrasion 1 cm x 1/2 cm on it. One reddish contusion 3 cm x 1 cm on the back of Rt. forearm, 10 cm above Rt. wrist joint. One reddish contusion 4 cm x 5 cm on the back of left elbow joint, kept under observation, advised X-ray. One reddish contusion 5 cm x 4 cm on back of left forearm 5 cm above left wrist joint suspecting fracture, advised X-ray. Multiple reddish contusion in an area of 20 cm x 8 cm on the outer side of left leg between the middle of the left & ankle joint. One reddish contusion wound on lower side of the back 13 cm x 4 cm on the middle crossing at 3 rd number vertebra of spine. One reddish contusion 2 cm x 4 cm an the lower side of the left back 6 cm above iliac crest. One reddish contusion 8 cm x 3 cm an the lower side of the left back extending an front side of lower chest 8 cm above sub-castal margins. 3. The following injuries were found an the person of Mohd. Shafi: 1. One reddish cantusion 17 cm x 2 cm an the upper part of Rt. shoulder blade extending upto the upper part of Rt. Arm. 2. One reddish contusion 6 cm x 2 cm an the back of left -shoulder blade in middle. 3. One reddish contusion 4 cm x 2 cm an the back of Rt. shoulder blade in the middle. 4. One reddish contusion 3 cm x 1 cm an the back of Rt. forearm in the middle. 5. One reddish contusion 6 cm x 2 cm an the Rt. leg 18 cm below knee joint. 6. One reddish contusion 5 cm x 1 1/2 cm an the front of upper part of left chest. 7. One reddish contusion 2 cm x 1 cm an the top of Rt. shoulder. 8. Complain of pain an the back of left little finger but no marks of injuries were visible. 9. One lacerated wound 5 cm x 1 cm x scalp deep an the Rt. side of the head 10 cm above Rt. ear. 4. The following injuries were found an the person of Smt. Kadari Begum: 1. One abraded reddish contusion 9 cm x 4 cm an the front of the upper part of the leg just below the knee joint. 2. One reddish contusion 3 cm x 1 cm an the left side of face just below left eye. 3. Complain of pain in the sale of left foot but no. marks of injuries were seen.