IMTIAZ Vs. STATE

JUDGEMENT

(1.) Pramod Kumar Srivastava, J The Court of 1st Additional Sessions Judge, Farrukhabad had passed judgment dated 28.09.1982 in Sessions Trial No. 137/ 1981, State v. Vijai & 5 others, Case Crime No. 186/1980, Sections 302, 34, 120 -B I.P.C., P.S. Gurusahaiganj, Farrukhabad. By this judgment, two co -accused Pradeep and Basant were acquitted from the charges under section 302/120 -B I.P.C, but other four accused, Vijai, Gyan Prakash, Mukesh and Imtiaz were convicted for the charges under section 302/34 I.P.C., each were sentenced to undergo imprisonment for life. Against this judgment of conviction and punishment dated 28.09.1982, two criminal appeals were preferred by the four convicted accused persons. Criminal Appeal No. 2528/1982 was preferred by accused Vijai, Gyan Prakash and Mukesh. Criminal Appeal No. 2642/1982 was preferred by accused Imtiaz.

(2.) All the three appellants of Criminal Appeal No. 2528/ 1982, Vijai and others v. State had died. Therefore, the said appeal had abated. Arguments were advanced in Criminal Appeal no. 2642/ 1982 on behalf of sole convicted surviving accused Imtiaz by his counsels and A.G.A.

(3.) Prosecution case in brief was that Mahesh Chandra son of Sri Ram is the informant, whose younger brother Subhash (victim) and Rajendra were running a hotel at the road -crossing of Gurusahaiganj. They used to take articles for hotel from grocery shop of Ram Avtar, for which some payment was due. One day before the incident, at about 12:30 hours in night, there had been altercation between Vijai, Ram Avtar and Imtiaz on one hand and informant's brother Subhash and Rajendra on other hand. In this altercation both the sides had involved in inflicting injuries but some persons interfered and mediated the matter. Then next day on 21.5.1980 at about 10:30 P.M. in night informant's brother Subhash and one Nabi Alam were coming on bicycle. When they reached near betel shop of Babu Ram then Vijai, Gyan Prakash, Mukesh and Imtiaz stopped him. These accused had revolver in their hands. When Subhash dismounted from the cycle, the accused Gyan Prakash asked as to whether he is paying the money or they would grab the hotel. On this informant's brother Subhash told that money is with Rajendra, from which it can be asked, and also told that you are giving false evidence against uncle Hari Ram and showing stubbornness. On this, on exhortation of Imtiaz, all the four accused Vijai, Gyan Prakash, Mukesh and Imtiaz had fired on informant's brother Subhash. Then informant Mahesh, Subhash (son of Munshi Lal), Subhash Chaurasia, Rajendra Katiyar and other persons rushed on spot. But accused ran away from the spot waiving their revolvers. Then informant brought his brother Subhash to hospital, where he was informed by the doctors that Subhash had already died. Then in same night at about 11:30 P.M., informant gave written report (Ex. Ka -1) in police station Gurusahaiganj, on the basis of which Case Crime No. 186 of 1980 was registered for offences under section 302/34 I.P.C. against four named accused persons. During investigation it was found that two persons Pradeep and Basant were also involved in the conspiracy of murder of this case. Then they were also made co -accused in this matter.