ZARIF ALIAS BHURA Vs. STATE OF U P

JUDGEMENT

(1.) -This appeal is directed against the judgment and order dated 18.4.2001, passed by Sessions Judge, Kannauj in S. T. No. 286 of 1999 convicting the appellants under Section 148, I.P.C. and sentenced to imprisonment for 3 years, under Section 302/149, I.P.C. and sentenced to imprisonment for life and under Section 323/149, I.P.C. and sentenced to imprisonment for one year.

(2.) BRIEFLY stated, the prosecution case, as alleged in the first information report lodged by Hasruddin, is that about 20 days prior to the occurrence a marpeet took place between Musheer and Bhura and Isthkhar. A panchayat was held which was attended by his brother Shamsuddin Pehalwan who told Bhura and Isthkhar that they have wrongly beaten Musheer. Bhura and Isthkhar had threatened him. On 9.6.1999 the informant, his brother Shamsuddin, Mainuddin, father Nasiruddin were sitting in their grove outside the village. At about 6.30 p.m. Zarif alias Bhura, Shamshad, Iqbal, Ehtasham, Isthkhar and Aiaz Hussain reached there carrying guns and country-made pistols and started abusing them and told them that they are doing netagiri and they will not left them alive and started abusing. They stopped them and told not to abuse. Thereafter, Zarif and Shamshad fired from country-made pistols which hit Shamsuddin on his chest and leg. Shamsuddin died on the spot. He, his brother Mainuddin, father Nasiruddin were also assaulted by butts of a country-made pistols and they sustained various injuries. On their alarm being raised Sattar Ali and Ishtiyaq Ali and several other persons reached there and witnessed the occurrence and saved them. The accused persons abusing and threatening went towards the village and terror was created in the village. The dead body of Shamsuddin was lying on the spot. He brought his brother Mainuddin and father Nasiruddin to the police station and lodged the report. The report was registered on 9.6.1999 at 8.45 p.m. The distance of the police station from the place of occurrence was 4 km.

(3.) IN the opinion of the doctor cause of death of the deceased was due to shock and haemorrhage as a result of ante-mortem injuries.