SULTAN AND OTHERS Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is to the Judgment and order dated 11.5.1982 passed by Sri Munni Lal, VIII Additional Sessions Judge, Azamgarh in S.T. No. 170 of 1980, State Vs. Sultan and others, arising out of Crime No. 53 of 1976, Police Station Mubarakpur, District Azamgarh whereby the appellants Sultan, Israr, Ehsan and Ishtiaq were found guilty for the offences punishable under Sections 307 read with Section 149 I.P.C. and each one of them was sentenced to undergo rigorous imprisonment for five years. Appellants Sultan, Israr and Ehsan were also found guilty under Section 148 I.P.C. and each one of them was sentenced to undergo rigorous imprisonment for two years. Appellant Ishtiaq was found guilty under Sections 147, 323/149 I.P.C. and was sentenced to undergo rigorous imprisonment for one year. Accused Nabi Ahmad, Zubed and Ali Azahar were acquitted of the offences punishable under Section 147 and Section 307 /149 I.P.C.

(2.) Filtering out unnecessary details, the prosecution version as unfolded during trial is that on 15.2.1976, informant Mukhtar Ahmad accompanied by Advocate Commissioner Ashok Kumar Srivastava and Maqbool Ahmad Khan, Advocate was getting his commission executed in a civil suit titled as Israr Vs. Mohammad Farid pending before the Munsif, Mohammadabad. The informant and his brother Rizwan were pointing out all the facts to the commissioner. At this, the accused Nabi, Juned and Ali Azahar exhorted that they should kill the informant and his brother. At this, Ehsan, Israr and Sultan armed with knives and Ishtiaq armed with danda attacked the brother of the informant. When the informant tried to save his brother, accused Sultan attacked the informant with a knife. The informant and his brother sustained injuries of knife and danda. The condition of the brother of the informant became serious. Witnesses Maqbool, Kharpattu and Inamul Haq saved the life of informant and his brother. The brother of the informant was admitted in the district hospital. Hence, the written report was filed.

(3.) The injured Mukhtar and Rizwan Ahamd were medically examined by doctor Santosh Kumar Gupta (P.W.1), who proved the medical report as Ext. Ka-2. Mukhtar Ahmad was medically examined on 15.2.1976 at 4 p.m. He was brought by Abul Kalam. The doctor found the following injuries on the body of Mukhtar Ahmad:-