FERZAND ALI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Accused Farzand has been convicted by the then Sessions Judge, Moradabad, under Ss.302 and 307 read with S.34, I.P.C., and has been sentenced to imprisonment for life and five years' R.I. respectively; both of these sentences to run concurrently. Accused Habib has been convicted under Ss.307 and 302 read with S.34, I.P.C., and has been awarded the same sentences on the two counts. There was one more accused person, namely, Kabir Raza, facing the trial and he was acquitted. We may at the very outset observe that so far as Habib is concerned, he has died so his appeal has abated and we are now concerned with the appeal of only Farzand.

(2.) The prosecution case in brief is that in the Magh preceding the occurrence Husain Bux's she buffalo was stolen and he had lodged a report (Ext. Ka.14) against Habib and some others under S.380, I.P.C., on 14-2-1975 and Habib was convicted. Thereafter he and his relations bore ill-will towards Hussin Bux and his family members. It is, further maintained that on 27-6-1976 at about 9 A.M. Mulwa (P.W.3), brother of Kalwa (P.W.7) passed through the lane eating snacks and when he was passing in front of the door of Ghasi (P.W.11), Habib threw the snacks on the ground and Mulwa abused Habib and on that Habib slapped Mulwa. The situation was saved by Ghasi and Jamil Khan. Husain Bux and Peer Bux when informed of this matter did not take it seriously.

(3.) According to the prosecution, on the very day when Peer Bux (P.W.4) along with his brother Husain Bux, since deceased, and nephew Kaluwa (P.W.7) were returning back to their house from the field after irrigating the field, and reached near the mosque, Farzand and Habib accompanied by two others arrived and threat was extended to exterminate the victims. Peer Bux retraced towards the south and met Allah Bux (P.W.8), Faquira (P.W.9) and Alt Bahadur and accompanied by them he again came to the scene of incident Farzand and Kabir Raza were grappling with Hussain Bux, Habib alias Tulfi and Dhanthal were grappling with Kalua and when witnesses remonstrated Farzand stabbed Husain Bux with knife, while Habib stabbed Kalua with the knife and the victims fell down and the culprits escaped. A tempo was arranged and victims were taken to Police Station Bilari, where a report (Ext. Ka.4) was lodged by Peer Bux (P.W.4) on the same day at 12.05 noon.