RIYASAT AND OTHERS Vs. STATE

JUDGEMENT

(1.) These appeals are directed against the judgment and order dated 4.9.2005 passed by Additional Sessions Judge, Rampur in S.T. Nos. 275/97, 276/97, 277/97 and 277/97 whereby the appellants have been convicted under Sec. 148, I.P.C. and sentenced to undergo R.I. for one year, under Sec. 302, I.P.C. read with Sec. 149, I.P.C. sentenced to life imprisonment and a fine of Rs. 1000.00 and in case of default in payment of fine further sentence of one year to each of the appellants. All the sentences were directed Ito run concurrently.

(2.) Briefly stated the facts of the case are that on 12.12.1996 informant Zameel his, cousin Akbar Ali, uncle Raunak Ali, ' cousin Mohd. 'Shafiq had gone to mosque for offering morning prayer at about 6.15 a.m. Abdul Aziz, Intezar, Ishrak Ali, Riyasat Ali along with 25-30 persons were coming out of the mosque at about 7 a.m. Sakhawat Ali, Riyasat son of Sakhawat, Sakeel son-in-law of Sakhawat, Jhau son-in-law of Sakhawat and grand sons of Sakhawat, namely, Sarwat Hussain, Akbar Ali, Nizam and Ashraf were standing carrying country made pistols, swords and sickles. Seeing them Sakhawat exhorted his son Riyasat and his grand sons Sarwat Hussain, Akbar Ali, Nizam and Ashraf. Riyasat fired at Akbar Ali and all the persons came inside the mosque. The accused had fired several shots. After some time when the persons started coming out of the mosque and Raunak Ali reached the main gate of the mosque, Riyasat had fired upon him and Shakeel, Jhau and Akbar had assaulted him with swords and sickles, sustaining injuries he fell down on the staircase of the mosque and died. Akbar Ali and Amir Hussain ran after jumping the wall of the mosque. Shakeel, Jhau and Akbar followed them. They heard the shots of fire from that direction. His cousin Shafique was inside the mosque, Sakhawat, his grand son Sarwat Hussain and Nizam fired at him inside the mosque and assaulted with sword and he died on the spot. The assailants had taken away Rs. 15,000.00 cash and a wrist watch of Akbar Ali. While they were returning from the mosque they saw that Akbar was lying dead in front of the house of Amna. The accused were inimical with them on account of an incident of the year 1984. After registration of the case at police station Tanda, District Rampur on 12.12.1996 at 8.45 a.m. S.I., Ramveer Singh reached the place of occurrence along with Shri P.C. Chaturvedi, S.O. and other police personnel. He prepared the inquest on the dead bodies of Akbar Ali, Mohd. Shafique and Raunak Ali on the direction of S.O. He also collected blood smeared and plain earth near the dead body of Akbar Ali, plain and blood stained piece of mat near the dead body of Mohd. Shafique, blood smeared earth and plaster near the dead body of Raunak Ali and empty cartridges, tickli and pellets were recovered from the front gate of the mosque and prepared its recovery memos. Inquest report of Akbar Ali, photo lash, form No. 33 challan lash, report to C.M.O., sample seal are Ext. Ka-17 to Ext. Ka-22. Inquest memo of Raunak Ali, form No. 33, form No. 13, report to C.M.O., photo lash, sample seal are Ext. Ka-23 to Ext. Ka-28. Recovery memo of blood smeared and plain earth near the dead body of Akbar Ali is Ext. Ka-22. Blood smeared and plain mat recovered near the dead body of Mohd. Shafique is Ext. Ka-3, blood smeared plaster and plain plaster recovered near the dead body of Raunak Ali is Ext. Ka-4. Recovery memo of empty cartridges Tickli and pellets which were recovered from the front gate of the mosque is Ext. Ka-5. On 14.12.1996 he arrested Sakhawat and Riyasat at 6.30 a.m. A country made pistol of 12 bore was recovered from the possession of Sakhawat along with three live cartridges. Recovery memo of country made pistol is Ext. Ka-29. On the basis of Ext. Ka-29 a F.I.R. was registered and noted in G.D. No. 35 which are Exts. Ka-30 and 31.

(3.) S.O., P.C. Chaturvedi commenced investigation of the case. He informed the higher authorities on wireless. He reached the place of occurrence along with S.L. Ramveer Singh. S.I. Ramveer Singh had prepared the inquest memo and recovery memos. He recorded the statements of informant and eye witness Abdul Aziz. He prepared the site plan on the instruction of the informant which is Ext. Ka-43. On 15.12.1996 statements of Ishraque Ali, Riyasat Ali and Amir Hussain were recorded. On 19.12.1996 Akbar Ali, Nizam and Shakeel were arrested and on their pointing out blood stained sickle were recovered and a recovery memo was prepared which is Ext. Ka-7. Jhau alias Zaheer was arrested on 20.12.1996 and a blood stained sword was recovered from his possession. Recovery memo of sword is Ext. Ka-44. On the basis of Ext. Ka-44 F.I.R. under Sec. 25/4 Arms Act was registered against Jhau and the G.D. entry was also prepared, which are Exts. Ka-45 and 46. On 31.12.1996 a charge-sheet, Ext. Ka-54 was submitted against the accused persons. S.I. N.K. Solanki sent the articles for chemical examination on 14.1.1997.