HIFAZUL & OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal appeal has been filed by the appellant no. 1 Hifzul Hasan son of Mehandi Hasan against the judgement and order dated 23.2.1983 passed in S.T. No. 318 of 1982 (State v. Hifzul and others) by Additional Sessions Judge, Budaun by which he has been convicted under Sec. 302 I.P.C. and sentenced to imprisonment for life.

(2.) The appeal preferred by the appellant no. 2 Mehandi Hasan son of Mian Jan has been ordered to be abated by this Court vide order dated 11.12.2015 as he died during the pendency of the appeal.

(3.) The prosecution story in brief is that the deceased Barkat Ullah had a Rahat in the village from which accused Hifzul had irrigated his land. Barakat Ullah demanded payment for irrigation from Hifzul but the same was not given by him on account of which there were exchange of hot words between them. On 28.3.1982 at about 6:00 p.m. when Barkat Ullah was coming from Har to the village Thalia Nagla and reached near Chaupal of Shafi, the accused Hifzul armed with gun, accused Mehandi Hasan armed with country made pistol and Nahar Hasan armed with knife, who were present near the Chaupal surrounded Barkat Ullah. On the alarm raised by Barkat Ullah, his brother Abdul Wahid ran to the spot. Witnesses Mithu and Shakoor Ahmad also reached there on the alarm raised by him. Accused Nahar Hasan assaulted the deceased Barkat Ullah by Knife and Hifzul Hasan and Mehandi Hasan fired at Barkat Ullah with their respective fire arms, who received injuries of fire arm. It is further stated by the informant that Hifzul and Mehandi Hasan fired two shots each which hit Barkat Ullah, who fell down and died on the spot. Thereafter, the accused manage their escape good from the place of occurrence. The F.I.R. of the incident was lodged by brother of the deceased Abdul Wahid, who got the same written by one Basi Ahmad of Village Thalia Nagla on the same day at 19.15 hours at police station Musajhag which is at a distance of about 2 Km. away from the place of occurrence.