STATE OF U P Vs. ABDUL AUWAL

JUDGEMENT

(1.) The state Government has filed the above mentioned appeals against the order dated 1.8.1979 by Sri S.C.M. Tripathi, VI Additional Sessions Judge, Azamgarh acquitting all the respondents in respect of the offences punishable under Sections 302, 147, 148, 302/ 149, 307/149, 325/149, 326/149, and 323/149 I.P.C The above criminal revision has been filed against the same order by informant Sadaruddin. These appeals and criminal revision have been heard together and shall be disposed of by this judgment.

(2.) The prosecution case, in brief, was that about six days before the occurrence, there was a quarrel between the sons of informant Sadaruddin and his relatives on one hand and accused Adbul Auwal, his sons and relatives on the other. The matter was, however, patched up on the intervention by other persons. In view of this patch up, no F.I.R. was lodged by either of the parties at the police station. It was said that on the day of occurrence i.e. 26.8. 1978, Irfan Ahmad, Shamshad Ahmad and Abdul who were the sons of informant Sadaruddin, had gone to the market of village Mohammadpur in order to make purchases in connection with Id festival. After purchasing the articles there, they were coming back to their house in the village. When these persons reached near the pond, which is near the bridge over river, all the 18 accused persons, who were hiding in the bushes on the edge of the pond, came out from that place. It was said that one of these accused persons was armed with a revolver; another with a DBBL gun; three with country made pistols and the others with lathis and brick bats. It was said that on seeing these persons, the informant and his sons started running towards west in order to reach their house. They were, however, chased by the assailants. They started pelting brick-bats which was also replied to by the victims in the same manner. The shouts of these persons attracted other persons. The assailants then started beating the victims with lathis and thereafter on the instigation by accused Auwal and Khalil, the persons armed with fire-arms, started firing from their weapons. It was asserted that accused Abdul Auwal who was armed with a revolver, fired a shot aimed at Irfan Ahmad as a result of which he received injury on his chest. It was asserted that as many as eight persons on the side of the informant had received injuries. The injured persons were taken to the village and after that the informant sent a written report to the police station where the case was registered at 6.45 P.M. on the same day against all the 18 accused persons. It is said that when injured Irfan was being taken to the hospital, he died on the way. In view of his death, Section 3021.P.C was also subsequently added.

(3.) The injured were medically examined in the same night. A large number of injuries were found on their person. The injuries included firearm injuries also. Exts. Ka-15 to Ka-22 are the injury reports prepared by Dr. B. Das (P.W. 11). The post-mortem-examination of the dead body of Irfan was conducted by Dr. O.P. Khatri (P.W. 12) at 4.30 P.M. on 27.8.1978. He found one gun shot injury on the chest and two small gun shot injuries on the left hand. According to Dr. Khatri, the deceased had died about one day earlier.