SHAUKAT AND OTHERS Vs. STATE OF U.P

JUDGEMENT

(1.) Appellants Shaukat son of Kallu, Jalil son of Hamid Khan, Hamid son of Sherkhan, all resident of village Naithu, thana Allapur, District Badayun have filed this appeal against the judgement dated 16.6.78 of Shri L.N. Rai, IIIrd Additional District and Session Judge, Badayun, by which each appellants, having been found guilty for offences under Sec. 302, read with Sec. 34 of Indian Penal Code, have been punished for life imprisonment.

(2.) According to prosecution, Dildar Khan, S/o Namdar Khan, resident of village Naithu, was standing for going to Allapur at 71/2 in morning, by the side of Chunni, Watchman of village Islamganj. At the same time Asrar son of Sultan Khan, Shaukat son of Kallu armed with gunds, Hamid Khan son of Sher Khan and Jalil son of Hamid Khan, armed with lathi came there, from the side of village Naithu, Chandkhan, brother of Dildar Khan alongwith three persons were coming towards the direction of Bus-stand following them. Asrar etc. above persons, arriving there, challenged Dildar Khan, at that moment Chunni watchman and Shabbir son of Abdul Gani, Mool Chandra son of Jiva Ram, Pyare son of Bighe of Ismailpur and many others who were waiting for bus, when wanted to intervene, aforesaid Asrar and his other three companions, whose name have been mentioned above, pointing gun to Dildar Khan chased him to the grove of Chhotelal. On this, Chunni watchman shouted, meantime Chand Khan, persons of Naithu or Islamganj, reacher there. At north-east corner of the grove, Chunni watchman and other witnesses saw mutual fighting among Dildar Khan and aforesaid Asrar along with other three persons. Jalil and Hamid gave Lathi blow to Dildar Khan. In this scuffle, Dildar Khan's cap, Angocha's and Shoes fell there, Dildar Khan rushed towards South in the grove for saving his life. All the above four accused Asrar and others three ran chasing Dildar Khan, no sooner Dildar arrived at the field of grove, Asrar and Shaukat fired on Dildar with their guns. The moment pellets hit Dildar, he fell down in the field, then Hamid, and jalil with lathies and Shaukat and Asrar with the butts of the guns began to beat. When Chunni watchman and others ran for saving, all the above four accused, after killing Dildar Khan ran away towards South. Chand Khan and other persons of Naithu village chased them, but by the time Dildar Khan died.

(3.) The F.I.R. (First Information Report) of the above occurrence was lodged by Chunni watchman on 28.5.76 at 81/2 in morning at police Station Allapur, Tehsil and District Badayun. Chunni watchman gave oral information of said incident at the Police Station and according to said information first Information Report was registered in concerned Police Station. In the report Chunni watchman said, that leaving many persons near dead body, he has come to Police Station for giving information and also said that he had filed the report after getting the same read over, the same is correct. Whatever he has dictated the same is written and has affixed his thumb impression over the report.