MUKHTAR AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) The appellants Mukhtiar, Bholu, Abbas, Qayyum and Bhura were convicted by learned 1st Additional District and Sessions Judge, Moradabad under Sec. 302/149 I.P.C. and sentenced to undergo imprisonment for life. Accused Mukhtiar, Bholu and Abbas were further convicted and sentenced to under go rigorous imprisonment for two years under Sec. 148 I.P.C. The accused Qayyum and Bhura were convicted under Sec. 147 I.P.C. and sentenced to undergo rigorous imprisonment for one year. All these sentences awarded to the accused persons were directed to run concurrently.

(2.) The incident, resulting in the death of Abdul Wahid, occurred on 1st Oct, 1989 at about 8.00 A.M. The prosecution case is that the deceased Abdul Wahid was going on a 'Dunlop' cart to village Bhahapur for taking chaff. His Wife Tehsilan, P.W.-1 and daughter Saira were also accompanying the deceased on the same cart. As soon as the cart reached near the grove of Bhura the accused Mukhtiar. Bholu and Abbas armed with .pears and Qayyum and Bhura carrying lathis came out from the adjacent 'Bajra' field, where they were way-laying, caught hold of the deceased, pulled him down from the cart and started assaulting with the weapons held by them. The informant and her daughter Saira and also the deceased raised an alarm, thereby attracting Abdul Wahid s/o Wilayat Hussain (not examined). Jumma (P.W. 2) Mushtiaq (P.W. 3), Ishaque Igbal and others, who challenged the assailants, who left the deceased and escaped in the adjacent fields. The deceased had sustained severe spear and lathi injuries. He was laid on the"Dunlop' cart. The informant also accompanied him. On the way Abdul Wahid succumbed to his injuries in village Teewra Khas. Leaving the dead body in the cart, under the supervision of her daughter and villagers the informant Tehsilan proceeded to the Police Station Belari, where on her dictation. the then Head Constable Clerk Harpal Singh, wrote chik report and registered the case vide G.D. report No. 18 an extract of which is exhibit Ka.-2.

(3.) The investigation of the case was taken over by Sub-Inspector R.S. Tomar (P.W.7) who interrogated the informant at the Police Station. proceeded to village Teewra Khas, where the dead body was found on a cot kept on the cart. The Investigating Officer held inquest on the dead body, prepared inquest report and other papers and sent the dead body for post-mortem examination. He then proceeded to the spot, inspected the site and prepared its plan, Exhibit-11. He took samples of blood stains and plain earth, kept them in separate containers. He also took blood stained leaves of 'Bajra' into his custody and prepared memo Exhibit Ka.-3. He also interrogated the witnesses.