GULAM HUSSAIN Vs. STATE OF U P

JUDGEMENT

(1.) THESE connected criminal appeals are directed against the judgment and order dated 12 -10 -2004 passed by the Additional District and Sesions Judge/F.T.C. Sonbhadra in S.T. No. 46 of 2001 whereby convicting and sentencing all the accused -appellants for the offence punishable under Section 302/34 I.P.C. with rigorous imprisonment for life and with fine of Rs. 5,000/ - each and in default of payment of fine to undergo rigorous imprisonment for a period of two years.

(2.) THE essential facts leading to these appeals are : On 29 -9 -2000 at about 1.30 p.m. the first informant Bhikari (P.W. 1) alongwith his brother Hanif alias Chhotak (victim) was lying at the platform situated outside the house of victim in villge Kusumha P.S. Robertsganj District Sonbhadra. At the same time the appellants came at the platform. The appellants Imtiyaz and Kallu alias Ashif Ali mounted murderous assault on Hanif alias Chhotak by wielding of knives on the exhortation of appellant Gulam Hussain. On hearing the outcries of informant and victim, the witnesses Shamim (P.W. 2), Yusuf (P.W. 3) and many other villagers reached at the spot and viewed the commission of offence. The motive behind the brutal assault was old enmity. The critically injured Hanif alias Chhotak was taken to district hospital where he was declared brought dead. The first informant got scribed the written report Ext. Ka - 1 of the incident by Yusuf (P.W. 3) his son. On the basis of written report chick F.I.R. No. 160 of 2000 (Ext. Ka -8) was prepared by H.C. 17 Ganesh Yadav (P.W. 6). The crime was registered at serial No. 39 of G.D. on 29 -9 -2000 at 5 p.m. The G.D. entry is Ext. Ka -9. The entry of death memo received from the hospital was made on 29 -9 -2000 at 2.40 p.m. at serial No. 30 in the general diary maintained at the police station Robertsganj, the carbon copy of which is (Ext. Kha -1).

(3.) THE autopsy on the dead -body was conducted on 30 -9 -2000 at 12.30 p.m. by Dr. R.C. Yadav (P.W. 4). According to the post - mortem certificate Ext. Ka -2 the followint ante -mortem injuries were found on the person of deceased :