MUNNA PAHALWAN Vs. STATE OF U P

JUDGEMENT

(1.) Aggrieved by the order dated 10.6.1988 passed by Sri U.S. Tripathi, Additional Sessions Judge, Sultanpur, convicting the appellant for offence under Sections 302, 324 and 323 I.P.C. and sentencing him to undergo life imprisonment, two years R.I. and six months R.I. respectively, has preferred this appeal. Six other co-accused persons, who were also tried along with the present appellant, have, however, been acquitted by the learned Additional Sessions Judge.

(2.) The incident admittedly took place on 14.6.1985 at about 12 noon in the Masjid situate in Mohalla Gangaganj, Majra Sarwanpur, Police Station Amethi, District Sultanpur. According to the prosecution, on that day at about 11.30 p.m. deceased Ahmad Ali alias Lallan and his brothers Mohammad Ali P.W. I and Shaukat Ali P.W. 2. were cleaning the aforesaid Masjid for making preparation for performing namaz of Alwida in the month of Ramzan. At that time accused Munna and one Afaque came in the said Masjid and asserted that they would also perform Alwida Namaz in that Masjid. Mohammad Ali P.W. I objected and asked the accused and Afaque that the said Masjid belonged to him exclusively and that they had no right to perform Namaz in the said Masjid. Thereupon accused Munna took out a Danda lying in the Court -yard of the Masjid and rushed towards Mohammad Ali P.W. 1 and gave one Danda blow to Mohammad Ali. On hue and cry being made by deceased Ahmad Ali, Shaukat Ali P.W. 2, Sant Ram P.W. 3 and others came there. When Ahmad Ali proceeded to rescue Mohammad Ali P.W. I accused Munna took out a knife from his pocket and stabbed Ahmad Ali and at that time other accused persons also came there. After getting knife injury Ahmad Ali fell down. Mohammad Ali P.W. I and Shaukat Ali P.W. 2 caught hold of Munna accused who inflicted knife injury on Shaukat Ali P.W. 2 also, Smt. Hamida Begum, mother of the deceased Ahmad Ali came on the spot to intervene and she also received knife injuries. Mohammad Ali caught hold of Munna from behind and in the scuffle Munna accused again caused injury to Mohammad Ali P.W. 1. In the said scuffle Munna accused also received some injuries.

(3.) Accused Munna was apprehended on the spot. Mohammad Ali and others brought the accused to Police Station. Ahmad Ali, who had received injuries was also brought to Police Station. The First Information Report EX. Ka. I was also lodged by Mohammad Ali P.W. I at the Police Station Amethi at 12.55 p.m. and the case was registered with reference to General Diary EX.Ka.5 under Sections 147/148/324/307 I.P.C. Accused Munna was taken into custody by the police and knife EX.1 was also deposited at the Police Station and recovery memo Ex.Ka.6 was prepared. All the injured were sent to Primary Health Centre for medical examination and on way Ahmad Ali succumbed to injuries and thereafter his dead-body was brought to the Masjid. On getting information about the death of Ahmad Ali the case was altered to Section 302 I.P.C. with reference to General Diary Ex. Ka. 7.