MUKHTAR Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Misra, J. The appellants Mukhtiar, Bholu, Abbas, Qayyum and Bhura were convicted by learned 1st Additional District Sessions Judge, Moradabad uuder Section 302/149, IPC and sentenced to undergo imprison ment for life. Accused Mukhtiar, Bholu and Abbas were further convicted and sentenced to- undergo rigorous imprisonment for two years under Sec tion 148, IPC. The accused Qayyum and Bhura were convicted under Section 147, IPC and sentenced to undergo rigorous imprisonment for one year. All these sentences awarded to the accused persons were directed to run concurrently.

(2.) THE incident, resulting in the death of Abdul Wahid, occurred on 1st October, 1989 at about 8. 00 a. m. THE prosecution case is that the deceased Abdul Wahid was going on a 'dunlop' cart to village Bhahapur for taking chaff. His wife Tehsilan, PW 1 and daughter Saira were also accompanying the deceased on the same cart. As soon as the cart reached near the grove of Bhura the accused Mukhtiar, Bholu and Abbas armed with spears and Qayyum and Bhura carrying lathis came out from the adjacent 'bajra' field, where they were way laying caught hold of the deceased, pulted him down from the cart and started assaulting with the weapons held by them. THE informant and her daughter Saira and also the deceased raised an alaram, thereby attracting Abdul Wahid, S/o Wilayat Hussain (not examined) Jumma (PW 2), Mushtaq (PW 3) Ishaque Iqbal and others, who challenged the assailants, who left the deceased and escaped in adjacent fields. THE deceased had sustained severe spear and lathi injuries, He was laid on the 'dunlop' cart. THE informant also accompanied him. On the way Abdul Wahid succumbed to his injuries in village Teewra Khas. Leaving the dead body in the cart, under the supervision of her daughter and villagers that informant Tehsilan proceeded to the Police Station Belari, where on her dictation, the then Head Constable Clerk Harpal Singh, wrote chik report and registered the case vide G. D. report No. 18 an extract of which is exhibit ka-2.

(3.) INCISED wounds. . Ante mortem Injuries (1) INCISED wound 2. 5 cm X 1 cm X bone on Lt. side head 10 cm above left ear. (2) INCISED wound 4 cm X 1 cm X bone 9 cm behind Injuries No. 1 on Lt. side head. (3) INCISED wound 3 cm X 1. 5 cm X bone deep 12 cms above Rt. side head. (4) Lacerated wound three in no in area of 11 cm x 4 cm x 1 cm on back of Lt. upper arm underlying bone having communicated fracture, (5) INCISED wound 2 cm x 1 cm on Lt. side abdomen at midaxillary line 12 cm below and away to umblicus. (6) Lacerated wound twice in no in area of 10 cm x 6 cm on front and middile of Lt. lower leg underlying both bones fractured, (7) Abraded contusion 1 cm x 1 cum on front of Rts knee lower part. (8) Abraded contusion 2 cm x 1 cm front of Rt. leg middle 5 cm below Injuries No. 7. (9) INCISED wound 1 cm x 0. 5 cm x muscle on dorsum of Rt. hand at the root of Rt. middle fingre. 5. On internal examination the doctor found III, IV, V and VI ribs of the left side fractured, pleura and liver ruptured and lungs and upper part of peretonium congested.