STATE OF U P Vs. USMAN

JUDGEMENT

(1.) S.T. Nos. 165 of 1979 and 312 of 1979 were tried together before the Ist Additional Sessions Judge, Ghazipur. The accused in Sessions Trial No. 165 of 1979 were Mukhtar, Abrar and Mateen. Usman was the accused in other Sessions Trial No. 312 of 1979. All of them were acquitted by the impugned judgement dated 24.10.1981. The charge against Abrar was under Sec. 302 I.P.C. simpliciter and against the remaining three accused-respondents, the charge was under Sec. 302 I.P.C. read with Sec. 34 I.P.C. The , Government Appeal No. 312 of 1982 has been filed by the State against the acquittal of. Usman and Government Appeal No. 313 of 1982 has been filed to challenge the acquittal of the accused Mukhtar, Abrar and Mateen. The two appeals are being decided by this common judgement.

(2.) The incident took place on 3.4.1979 at about 9.30 P.M. near the house of one Saeed Khan in Mohalla Kapoorpur, Police Station Kotwali, Ghazipur and the report was lodged by the victim Mohd. Ashfaq himself ( who was then alive) on 3.4.1979 at 10.30 P.M. The distance of the Police Station from place of occurrence was two furlongs.

(3.) The essential facts are these: The victim Mohd. Asfaq was a practising lawyer, residing in Mohalla Kapoorpur of Ghazipur town. On 3.4.1979 at about 9.30 P.M. while going from Suhasini Talkies to his house, he reached near the house of Saeed Khan and found the four accused persons standing with country made pistols. He recognised them in the light of torch that he had. Apprehending danger to him from them, he ( Mohd. Ashfaq) ran to his house raising alarm. The accused at once chased him exhorting one another and one of them, namely, Abrar opened fire on him from behind causing injuries on his back. The alarm raised by the victim attracted to the scene Mujur PW 6, Bissu and Durga Ram PW 7 who allegedly witnessed the incident. As per the case of prosecution, assault was made on the victim by the accused on account of old enmity and litigation between him and the accused Mukhtar and Abrar to whose party other accused respondents allegedly belonged.