JUMMA Vs. STATE OF U P

JUDGEMENT

(1.) V. D. Chaturvedi, J. This criminal appeal is directed against the judgment and order dated 17-2-1982 passed by Sri R. N. Agarwal, the then IInd Addl. Sessions Judge, Rampur in Sessions Trial No. 378 of 1980 whereby he convicted the appellant Jumma under Sections 302 and 307/34 I. P. C. and appellant Mohd. Zahoor under Sections 302/34 and 307 I. P. C. and sentenced them to imprisonment for life and five years R. I. for respective offences. He also sentenced each of them to pay a fine of Rs. 200/-or to undergo six months R. I. in default of payment of fine. The sentences were made to run concurrently.

(2.) THE complainant Akhtar Ali (P. W. 1) orally lodged a report (Ex. Ka-1) at 10. 30 p. m. on 27-5-1980 at P. S. Kemri, District Rampur stating that a litigation regarding the residential land was pending between him and the accused Jumma; that on the date of report (27-5-1980) at about 6. 00 p. m. his sister Mustafaee (P. W. 3), after taking water from Becha's house, was on her way back to his house; that when she reached near the house of accused Jumma, he and his son Mohd. Zahoor stopped her and abused her, hence an altercation started between them; that on hearing hue and cry his brothers Safdar and Munney (P. W. 2) (injured) and uncle Habibullah (deceased) reached there; that the altercation turned into exchange of abuses; that Shahid Ahmad, Abdul Mahmood (P. W. 4) and he (complainant) also reached there and saw that accused Jumma and his son Mohd. Zahoor dashed into their house and came back with knives and said that they would close the chapter of their day to day quarrels; that accused persons surrounded Munney, Safdar and Habibullah, and thereafter accused Jumma inflicted a knife blow at the chest of Habibullah, and accused Zahoor inflicted knife blows at the chests of Munney and Safdar; that he (complainant) and witnesses raised shouts whereupon the accused Jumma and Mohd. Zahoor ran towards Jungle; that Habibullah, after entering into his (complainant's) house, fell down on a cot and died; that injured Munney and Safdar were taken to the police station on a tractor.

(3.) IN Doctor's opinion the death was caused due to shock and haemorrhage as a result of this injury.