MOHAMMAD SADDIQ Vs. STATE OF U.P.

JUDGEMENT

(1.) Mohd. Saddiq, Baddal, Yusuf and Mustafa convict Appellants have preferred this appeal against the judgment and order of Sri Barhma Nand, Ist Temporary Additional District and Sessions Judge, Banda dated 30 -9 -77 convicting all the Appellants and sentencing Mohd. Siddiq, Baddal Appellants under Sec. 302/34 IPC to imprisonment for life each and sentencing Yusuf and Mustafa Appellants under Sec. 323/34 IPC to five months RI each.

(2.) The prosecution case is that on 4 -11 -74 at about 4 p.m. Hakim deceased and his nephew Altaf complainant PW 1 returned from their fields with fodder to their house situate in village Mahabara. Just then, all the four Appellants armed with lathis arrived there They started uprooting the pegs fixed on land in front of their houses and released the bullocks of the complainant tied with those pegs. Both Hakim deceased and Altaf complainant protested, but the Appellants abused them. Hearing the shouts of the abuses and the protests of the deceased and Altaf, some persons of the village namely, Najju, Mehdi Hasan and others arrived there. Smt. Saliman PW 2, the mother of Altaf was present at the door of their house. It was then that Mohd. Saddiq and Baddal Appellants gave lathi blows to the deceased. He fell down. Altaf advanced to save him. Yusuf and Mustafa Appellants beat him with lathis. After beating both Hakim and Altaf, the Appellants receded .

(3.) Altaf arranged a bullock cart, which belonged to Jabbad. Hakim was taken on the said bullock cart to police station Pailani, 12 miles away. Altaf, his brother Ali Husain, Ali Mohd. Habib and Raspal Chowkidar had accompanied the bullock cart. On the way near Marjha at about 4 a.m. Hakim breathed his last. Altaf PW 1 wrote the written report of the incident and handed it over at the police station on 5 -11 -74 at 7.30 a.m.