QAMRUL-ZAMA Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 14.05.1981 passed in Sessions Trial No. 125 of 1980 by Sri Vikram Kulshrestha, the then VIII Additional Sessions Judge, Azamgarh, whereby the appellants Qamaru-Zama has been convicted under Sections 148, 302, 325/149 and 324/149 I.P.C. and sentenced to 1 year R.I., life imprisonment, 3 years R.I. and 2 years R.I. respectively. The appellants, Imtiaz and Maqbool have been convicted under Sections 148, 302/149, 325/149 and 324/149 I.P.C. and sentenced to 1 year R.I., life imprisonment, 3 years R.I. and 2 years R.I. respectively. The remaining appellants Samkadar, Hasnain, Munsafi, Ramjan, Ayoob, Mohd. Yusuf, Gayasuddin, Anwar and Sharif have been convicted under Sections 147, 302/149, 325/149 and 324/149 I.P.C. and sentenced to one year R.I., life imprisonment, 3 years R.I. and 2 years R.I. respectively.

(2.) The prosecution version, as disclosed by P.W.2 Ali Raja in the F.I.R. lodged at 9.25 a.m. on 19.12.1979 at P.S. Raunapar, Azamgarh was that there was a dispute between him and the accused (appellants) regarding the flow of the drainage of his latrine which was disrupted by the accused appellants by making constructions and by raising the level of their land; that a civil case filed by him was pending in court; that on 19.12.1979 at about half past 7 a.m. he (AH Raza) and his brothers Abdul Qayum (deceased) and Mustakim(P.W.3) were cleaning the Nabdan (the filthy water of their latrine); that the accused appellants Qamaru-Zama, Maqbool, and Imtiaz armed with spears and the accused-appellants Samkadar, Hasnain, Munsafi, Gayasuddin, Sharif, Ramjan, Ayoob, Yusuf and Anwar armed with lathis, having common object, reached there and forbade him and.his brothers from cleaning their Nabdan; that the witnesses Haji Usman, Daud and Salauddin also reached there; that he and his brothers did not stop the said cleaning work whereupon accused-appellant Qmaru-Zama, with intention to commit murder, inflicted a spear blow on Abdul Qayum (deceased) and accused-appellants Maqbool and Imtiyaz inflicted spear blows on P.W.3 Mustakim (injured); that remaining accused surrounded him and his brothers, by swinging their lathies and exhorting their companions; that Abdul Qayum and Mustakin sustaining spears blows, fell on the ground and Abdul Qayum succumbed to his injury; that many villagers had assembled there; that accused-appellants fled away towards their houses.

(3.) The investigating Officer Sri Onkar Singh (P.W.8) reached the spot, prepared the necessary documents and sent the dead body for postmortem. The injured Mustakin was sent for his medical examination.