IBRAHIM AND ORS. Vs. STATE

JUDGEMENT

(1.) The instant appeal, filed on behalf of the appellants, is directed against the judgment and order dated 23.02.1982 passed by IInd Additional District & Sessions Judge, Sitapur in Sessions Trial No. 428 of 1979 (State v/s. Ibrahim and others) and Sessions Trial No. 429 of 1979 (State v/s. Madaru) whereby each of the appellants have been convicted and sentenced as follows:

(2.) In the present case, prosecution version is that on 23.09.1979 at about 8.00 AM when Chhota Singh along with his family members was in his house at village Dharampur and he was tightening the rope of his cot, on account of enmity (doing pairvi on behalf of Maiku Lodh in a suit for cancellation of sale -deed executed in favour of pradhan Jumman), Ibrahim, Madaru, Baur, Nageshwar and Babu armed with Lathis and Chail Bihari and Ashgar armed with Katta entered the house of Chhota Singh, caught hold of Chhota Singh and whilst accusing him that he had murdered Jumman and Ram Chander son of Gajodhar and for that they would kill him, they dragged Chhota Singh outside the house following him, his wife Shrimati, daughter Sushila raised alarm. When they came out of their house, they saw 20 -22 armed persons were standing there. Out of them, Jabbar, Bismillah, Nurul, Maddar were armed with Kanta, Hafiz, Amir Hasan, Kurbani, Chotanna, Ram Chandra son of Ram Vilash armed with Lathi, Bhaggal and Tori were armed with gun, Paikarma was armed with half gun and accused Rauf was armed with Katta. Rest of those were also armed with Lathi, they were unknown to Shrimati and her daughter. The assailants threatened him not to come near them, on their shouts the elder brother of Chhota Singh, Dan Bahadur Singh along with Sri Krishan, Uma Shankar Mooley Singh, Lakkha Singh, Ram Jiyawan, Radhey Bihari, Kallu Singh and other villagers came there. After beating Chhota Singh there, the assailants dragged him to the field of Ram Bharosey, situated in the west of the Nala. The south eastern portion of that field was vacant and sugarcane leaves were stacked there. The assailants threw Chhota Singh on the sugarcane leaves and the accused Ibrahim set it to fire for burning the body of Chhota Singh. Shrimati and other persons present there tried to intervene and save Chhota Singh but they were threatened to be killed and Bhaggal, Tori and Paikarma also fired shots in the air to threaten.

(3.) Following the occurrence Shrimati lodged oral report at police station Sadarpur on the same day at 10.30 AM. At her information case crime No. 47A of 1979 under Ss. 147, 148, 149, 452, 302, 201 IPC was registered and requisite entry was made in the report of the general diary. Investigation was assigned to Sri Vijay Bahadur Singh, the then Station Officer of the police station, who immediately recorded the statements of first informant Shrimati and other persons present there and reached the place of occurrence. After inquest proceedings the dead body was sent for postmortem examination. After completion of investigation charge -sheet was submitted against the named accused persons.