STATE OF U P Vs. MASEET

JUDGEMENT

(1.) The following eleven persons, (1) Maseet, (2) Nathu, (3) Haggu, (4) Ashfaq, (5) Kundan, (6) Kallu, (7) Hukura Husain, (8) Fateh Ullah, (9) Raji Ullah, (10) Daggu and (11) Kohrey were tried before VII Additional Sessions Judge, Shahjahanpur in S.T. No. 90 of 1980. He acquitted them of the charges of rioting and murder by the impugned judgment dated 15.5.1981 which has been challenged by the State by means of this government appeal. Out of eleven accused-respondents-Nathu, Kundan, Hukum Husain and Fateh Ullah have died during the pendency of the appeal. Abatement order with regard Nathu was passed on 18.8.05 and on 4.10.2005 against the other three named above. Presently, therefore, the appellate court is concerned with remaining seven accused-respondents.

(2.) The profile of the prosecution case may be summarized: The incident occurred on 2.12.1979 at about 2 P.M. in village Karnaiyapur, Police Station Sindhauli, district Shahjahanpur and the F.I.R. was lodged the same day at 4.15 P.M. at Police Station Shindhauli by Musarraf Ali PW 1-eyewitness. The deceased was one Sadiq Ali alias Tundai. All the accused were residents of the village where the incident occurred. Maseet, Nathu, Haggu, Ashfaq and Raji Ullah were allegedly armed with guns. Kallu had a country made pistol. Kundan, Hukum Husain, Fateh Ullah and Daggu were armed with lathis and Kohrey was armed with Kanta. The background was that complainant's and Sadiq's own nephew Siddiq had been murdered on 19.8.1974. In respect of that incident, the present accused Ashfaq, Maseet, Haggu and one Ishhaq came to be prosecuted and convicted with sentence of life imprisonment. They had filed appeal before this Court and were on bail. The deceased had done pairvi in that case. These persons, therefore, nursed grudge against him.

(3.) On the eventful day, the deceased was sowing and getting sown wheat seeds in his field. The sowing was being done with the help of two yokes. One of the yokes was being ploughed by the deceased who was being helped by Man PW 2 in spreading the seeds. The second yoke was being ploughed by Sharafat and he was assisted by Idrish. The complainant Musarraf PW 1 had taken the seeds to the field and was sitting with seed bag on the eastern mend of the field of the deceased. At about 2.00 P.M. eleven abovenamed accused persons emerged from complainant's sugarcane field situated just to the west of the field in question. They were armed with weapons as detailed above. Referring to Sadiq Ali, the accused Maseet exhorted his companions to murder him. So saying, Maseet atonce fired shot towards Sadiq hitting him in his left thigh. On being so hit, Sadiq left the plough and ran towards east. All the accused chased him and overtook him at a distance of some forty steps in the vacant field of Sharafat. There, Kohrey gave Kanta blow on Sadiq's head. On receiving the said injury, Sadiq fell down whereafter Haggu fired shot hitting Sadiq on the left side of chest. The complainant Musarraf, his nephews Sharafat and Idrish and their relation Man PW 2 raised alarm. Firing shots in the air, all the accused ran away towards north-west.