MASHOOQ Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been filed by Mashooq alias Baurey, Musaheb Ali alias Tunda, Imtiaz Ali and Faiz Mohammad alias Lallu, all residents of Mohalla Babu Zai of, Town Shahjahanpur against, the order dated 30-8-1977 passed by III Additional Sessions Judge, Shahjahanpur convicting all of them under Ss. 302/34 I.P.C., 307/34 I.P.C. and 324/34 I.P.C. for committing murder of Mohammad Shafi, for attempting to commit murder of Kallu and for causing knife and Gupti injuries to Niyaz Ali on 3-776 at 9.30 p.m. near the wood-stall on the road in Mohalla Babu Zai of town Shahjahanpur. For the offence under S.302/34 I.P.C. they were sentenced to undergo life imprisonment, while for the offences under Ss. 307/34 and 324/34 I.P.C. each of them was sentenced to undergo rigorous imprisonment for five years and two years respectively. All the sentences were to run concurrently.

(2.) Appellant Musaheb Ali is the brother-in-law (Sala) of appellant Faiz Mohammad alias Lallu, while appellant Imtiaz Ali is the uncle of appellant Musaheb Ali. Appellant Mashooq Ali alias Baurey resides in the house of appellant Imtiaz Ali. All these appellants are residents of Mohalla Babu Zai of Shahajahanpur town. On the other hand, the deceased, both the injured persons, and the informant are all residents of Beesalpur, district Pilibhit. They had come to Shahjahanpur to attend the marriage of Nisar Ali, who was nephew of informant Imam Ali (PW-1). Deceased Mohammad Shafi was cousin brother of the informant, while Niyaz Ali (PW-4) was own brother of the informant. Injured Kallu (PW-3) was one of the Baraties. Barat had stayed at the house of Sardar Ahmad in Mohalla Babu Zai in Shahjahanpur. A little before 9.30 p.m. the Barat started with full decoration for the house of the bride through the road leading to Mission School. When the Barat had gone about 100 paces and had reached near the wood-stall and the Neem tree, all the four accused persons also joined the marriage party and started moving with the procession. The Barat had hardly proceeded 30-40 paces from the wood-stall when the accused persons suddenly surrounded Kallu. Accused Faiz Mohammad alias Lallu had a Gupti while the remaining three accused had knives. The accused attacked Kallu and started causing injuries to him. Imam Ali, Niyaz Ali, Mohammad Shafi and some other persons rushed to save Kallu. The accused then threatened these persons saying that if anyone ventured to come near, he would be killed, and started assaulting Mohammad Shafi and Niyaz Ali who also received injuries. Mohammad Shafi fell down as a result of his injuries. At the time of the occurrence there was petromax light in the marriage procession and there was also electric light on the road. All the accused persons were known to the witnesses from before and were identified by them in the electric and petromax light. After causing the injuries the accused ran away.

(3.) The condition of Mohammad Shafi was serious and he was taken to the hospital by some of the Baraties. Imam Ali arranged a Rikshaw, took injured Kallu and Niyaz Ali to police station Kotwali, Shahjahanpur where he lodged first information report (Ex. Ka-1) at 10.20 p.m. Mohd. Shafi succumbed to his injuries soon after reaching the hospital, slightly before 10.45 p.m. From the police station Kallu and Niyaz Ali were sent to the hospital where they were medically examined by Dr. M. Sharif (P.W. 2) at 10.45 and 11 p.m. on that night. Kallu was found to have received the following injuries : -