HAIDER AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) In this appeal three appellants are convicted for offences under Sec. 452 Indian Penal Code, and were sentenced it on this count with R.I. of 3 years each. The appellant, Bhure, was further convicted under Sec. 307 Indian Penal Code and sentenced to 7 years R.I. with fine, while the appellant Haider and Shamim were also convicted under Sec. 307/34 Indian Penal Code and were sentenced to 7 years R.I. with fine. The order of the conviction and sentences was recorded in S.T.No. 6 of 1978 by Sri kramul Bari IVth Additional Sessions Judge, Bijnor.

(2.) The prosecution story in short is that Haider, Shamim and Bhure had entered the house of the injured Aminuddin and at the exhortation of Haider and Shamim, Bhure shot at him from his country made pistol. The occurrence allegedly took place at about 1.00 a.m. in the night between 3rd and 4th Aug., 1977. On the same night, a report was lodged at the police station, about 5 kilometers away, at 2.50 a.m. and the injured was examined by a Doctor at 3.15 A.M. At the trial, a charge under Sec. 452 Indian Penal Code was framed against all the three accused persons for having committed house trespass "with the object of causing the death of Aminuddin." Bhure was further charged under Sec. 307 Indian Penal Code for having shot at Aminuddin from his pistol. Shamim and Haider were further charged under Sec. 307/34 Indian Penal Code, and alternatively under Sec. 307 read with Sec. 109 of the Indian Penal Code.

(3.) At the trial the witnesses who were examined were P.W. I Dr. S.S. Vist who had examined the injured Aminuddin, P.W. 2 Dr. N. Pandey who had taken x-ray photos of the injured Aminuddin, P.W. 3 Aminuddin, the ured himself, P.W. 4. Shabiran wife of tlninuddin, P.W. 5 Safatullah, a neighbour, .W. 6 Raghubir Singh and S.I. of police, P.W. 7 Mohammad Zaki, the complainant of this case and P.W. 8 Rafique Ahmad, a neighbour.