SABBAN Vs. STATE OF U.P.

JUDGEMENT

(1.) These two appeals have been tiled against the judgment dated 25.8.1981 by Sri R, N. Agarwala, II Additional Sessions Judge. Rampur convicting all the appellants for the offence under Sec. 302 read with Sec. 34 Indian Penal Code, and sentencing them to undergo imprisonment for life and to pay a fine of Rs. 200.00 each. Accused Wali Raza has also been convicted under Sec. 324 Indian Penal Code and sentenced to undergo R.I. for a period of six months. In default of payment of fine, the defaulter had to undergo R.I. for a further period of six months.

(2.) Briefly stated the prosecution case is that there was some old enmity between deceased Gorey Khan on one hand Mohd. Jan and his sons Babban and Sabban on the other relating to the boundary of their adjacent fields. It is said that on 26.11.1980 deceased Gorey Khan along with his sister's son Ahmad All, the informant and Mashtaq Khan, who is brother in-law of Ahad Ali were coming to their village Khata Magarya from Milak on a rickshaw which was being pulled by Shaft Khan. When the rickshaw reached near the road bifurcating for village Khate Nagarya from Milak, Bilaspur road at about 4.30 P.M. all the accused persons came out from a nearby sugar cane field. It is said that accused Babban pulled down Gorey Khan from the rickshaw. Thereupon accused Sabban son of Mohd. Jan armed with lathi, and Wali Raja, armed with a spear started attacking him. When Ahmad All, informant, tried to intervene Wali Raza struck a spear blow on his right thigh. At that stage, accused Babban and Sabban son of Aziz Khan took out pistols from their Phaints and saying that Gorey Khan be finished, fired one shot each causing fatal injuries to the victim. On the shouts of the witnesses, Kallan Khan and other passers-by reached there and on seeing them, the accused persons ran away from that place. The dead body of Gorey Khan was left on the spot in the custody of Mushtaq Khan. The complainant then went to Police Station Milak on the same rickshaw and lodged the written report at the police station at 5.20 P.M.

(3.) The case was registered. The investigation was conducted by Station officer Sri A.K. Gautam (P.W.5). He recorded the statement of informant and thereafter reached the place of occurrence and prepared Panchayatnama and other related papers. The dead body was sent for post-mortem examination. He found tiklies on the spot. He took them in his possession along with blood stained and plain clay. Necessary fards were prepared. The Investigating officer then recorded the statements of other witnesses. He searched for the accused persons but could not find them so proceedings under Sections 82/83 Cr. P.C. were drawn. After the conclusion of the investigation, the charge sheet was submitted against all the accused persons.