UJJA AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 22.04.1982 passed by 5th Additional District & Sessions Judge, Hardoi in S.T. No. A394 of 1981 (State vs Ujja @ Ujagar and others), Police Station Manjhila, District Hardoi, whereby the appellants were convicted under Section 302 read with Section 34 and were sentenced to undergo imprisonment for life and further were directed to pay a fine of Rs. 1000/- each with default stipulation.

(2.) The prosecution story in nutshell is that the informant namely Jamirul Hasan Khan had his crasher towards the northern side of the village about one furlong away. The deceased Bharat son of Nattha was working on this crasher. In 1977, the deceased Bharat had chopped the nose of Sadhu for which trial was pending since then. Sadhu was having inimical terms with the deceased and always have intention to kill him, due to which Bharat did not go to his village. He was working at the informant's crasher. On 02.07.1978 the informant was supervising the work. The deceased Bharat, Naiem, Kayyum, Sajjad, Niyamatullah and Nazafullah Khan were loading "Lauta" in the bullock-carts at about 04:30 A.M. Suddenly, Sadhu came armed with a single barrel gun, he was accompanied by his son Ram Baran, Gajran son of Shahzad Pasi armed with lathi and Ujja who was also relative of Sadhu armed with double barrel gun came. Ujja exhorted Sadhu and shouted that Bharat should be killed, since he had chopped the nose of Sadhu. At this Sadhu fired at Bharat who fell down. All the accused ran away towards north. Bharat died on the spot, hence, the report was lodged at the police station on the same day at 07:30 A.M. A case was registered whose investigation was entrusted to Sri Shaukat Hussain, S.I. After investigation, the I.O. submitted charge sheet against the accused Ujja @ Ujagar, Sathu, Ram Baran and Gajraj, under Sections 302 read with Section 34 I.P.C. After committal of the case to the court of session charges under Section 302 read with Section 34 I.P.C. were framed against the accused persons who denied the charge and claimed trial.

(3.) The prosecution examined PW-1 Zameerual Hasan Khan who is informant of the case. He is also said to be an eye witness of the occurrence. This witness proved the first information report as Exhibit Ka-1. PW-2 Naiem is also an eye witness who has given his testimony to prove the prosecution case. PW-3 is Dr. Satya Pal, Surgeon who conducted the postmortem of the deceased. He found the following ante-mortem injuries on the dead body of the deceased :-