IIMI ALIAS MOHD LELM Vs. STATE

JUDGEMENT

(1.) P. C. Verma, J. The appeal has been preferred by the appellants against the judgment and order 1-5-1987, passed by Special Judge/addl. Sessions Judge, Nainital, in S. T. No. 271 of 1985 State Vs. Khurshid and S. T. No. 272 of 1985 State Vs. llmi and another, convicting the accused/appellants llmi and Wakil for the offences U/ss 302/34 and 307 I. P. C. and sentencing each of them to undergo life imprisonment U/s 302/34 I. P. C. and R. I. for seven years U/s 307 I. P. C. The sentences were to run concurrently. However, the accused of the connected Sessions Trial, namely Khurshid was held not guilty and ac quitted of the charges levelled against him.

(2.) THE prosecution case in brief is that on 2-8-1985 at 2 P. M. Sabir and his brother Jabir came out of the mosque after finishing Namaz in the mosque and began to go their house. Accused llmi armed with Tamancha came there from the house of Wazid Hazi whereas accused Wakil armed with Tamancha came there from north side. Both the accused began to say that you had shucked their blood, to day you would not be spared and opened the fire. THE fire hit Jabir who ran towards the house of Munna Dhobi in order to save his life. In the mean time accused llmi said that at first he should finish the life of Jabir. Sabir and Abdul Hamid went to save Jabir but these accused Wakil and llmi chased Jabir and began to fire on him. Due to this Jabir fell and died at the door of the house of Munna. Sabir and Abdul Hamid ran to arrest llmi and Wakil who again opened fire towards them in or der to kill them. Due to the firing Abdul Hamid got injuries on his left leg. THEreafter the accused persons fled away from the spot. Sabir went to the house of Munna Dhobi and there he saw that his brother Jabir had died on account of the injuries sustained by him. Sabir soon thereafter lodged the written report, Ext. Ka. 1 at Police Sta tion, Gadarpur, at 2. 55 P. M. On the ba sis of the written report, chick F. I. R. , Ext. Ka. 6 was drawn at the P. S. Gadarpur.

(3.) THE prosecution to prove its case, examined nine witnesses. P. W. 1, Sabir is the brother of deceased Jabir. He has narrated the prosecution ver sion as mentioned in the first informa tion report. This witness has deposed that the accused/appellants Wakil and llmi fired at his brother Jabir with Tamancha and when the deceased ran away from the spot they chased him and again opened the fire due to which he fell down at the door of the house of Munna Dhobi and died. He also de posed that when he and Abdul Hamid tried to save Jabir, both the accused also fired at them which hit to Abdul Hamid on his left foot. This witness also deposed that he got the written report prepared from one Abdul Ali and handed over it at P. S. Gadarpur. He has proved the written report, Ext. Ka. 1.