SIRTAJ Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order dated 7-2-1978, passed by Sri K. Narayan, Ilnd Additional Sessions Judge, Paizabad, convicting and sentencing the appellants Sayyed Ali, Hayat Mohammad, Mohammad Abrar, Raz Mohammad, Iqbal Ahmad, Hikmat Ali, Abdul Hai, Dost Mohammad, Wahid, Zamal Akhtar, Zain Ullah, Shaukat Ali and Munnar to 2 years rigorous imprisonment under section 147 IPC and the appellants Sirtaj, Mohammad Shahid and Wali Mohammad to 3 years rigorous imprisonment under section 148 IPC and further convicting and sentencing all the appellants under section 302 IPC read with Section 149 IPC to imprisonment for life and to pay a fine of Rs. 200/- each, and directing the sentences to run concurrently.

(2.) THE prosecution case, briefly stated, has been that there have been two parties in village Hanswar, within the circle of P. S. Baskhari, district Faizabad, the deceased Dularey headed one party while the other party consisted of the accused-appellants, THEre has been a long standing litigation and enmity between them. Kalimullah PW 3 lodged FIR followed by a complaint against the appellants Mohammad Shahid, Wali Mohammad and Sirtaj, in the year 1974. This complaint was [ending on 19-6-1975 when Dularey was murdered. THE complaint was subsequently dismissed. Abdul Kuddus PW 4 lodged FIR under Section 326 IPC against the appellants Sirtaj and Abrar and the trial arising out of that FIR was pending when the murder trial of Dularey was proceeding. Proceedings under Section 107 CrPC were also drawn between the parties. THE deceased Dularey was prosecuted for an offence punishable under Section 307 IPC alongwith Mohammad Shafi son of Kalimuddin PW 3, Mohammad Ayub, Shabbir PW 1, Mushir, Tufail and Taskir Ahmad PW 2. Ten persons were prosecuted for an offence punishable under Section 307 IPC for assaulting Tasadduk.

(3.) DR. S. H. A. Rizvi PW 6 prepared the injury reports Exts. Ka-41 to Ka-51 pertaining to Izzat, Abdul Wahid, Kalimullah PW 3, Ali Jan, Km. Jhunjhun, Taskir Ahmad PW 2, Abdul Hai (other than the accused), Smt.Mehmunnisa, Abdul Kuddus PW 4, Tassaduk Husain and of the deceased Ismail alias Dularey on 19-6-1975. DR. V. N. Agarwal PW 7 conducted the post-mortem examination on the dead body of Dularey on 20-6-1975 at about 3-15 p. m. and prepared the [post mortem examination report Ex. Ka-52.