ANWAR Vs. STATE

JUDGEMENT

(1.) S. K. Jain, J. This criminal appeal has been filed by the two appellants, namely, Anwar and Ikbal against the judgment and order dated 3. 9. 1982 passed by learned Ilnd Additional District Sessions Judge, Saharanpur in Sessions Trial No. 211 of 1980, State v. Anwar and another under section 302 read with section 34 of Indian Penal Code, P. S. Rampur District Saharanpur whereby learned Sessions Judge convicted two appellants for offences under section 302 read with section 34 of Indian Penal Code and sentenced each of them to imprisonment for life.

(2.) DURING the pendency of appeal, appellant Ikbal died and his appeal stood abated vide order dated 10. 8. 2007.

(3.) THIS occurrence took place on 25. 11. 1979 at about 8. 30 p. m. in the grove of Ashraf Ali Khan in the village Harpali within the circle of P. S. Rampur, District Saharanpur. On the date of occurrence i. e. 25. 11. 1979, the deceased Dilshad, his father first informant Ashraf Ali Khan, his brother Shamshad and their servant Quasim were irrigating their grove from tube well with the help of tractor. At about 8. 30 p. m. the appellant, Anwar armed with gun and his real brother appellant Ikbal armed with country made pistol with two other unknown persons who were armed with guns, came in their grove. Appellant Anwar pointing out towards deceased Dilshad told his brother Ikkbal and their two unknown companions that Dilshad has made their life hell, today he should be taught a lesson for litigation and for being aggressive. On this, all the four accused opened fire at Dilshad from their weapons. Dilshad received five firearm injuries, fell down on the ground. On an alarm being raised by the first informant Ashraf Ali Khan, Ali Ullah Khan and Nazeer Hasan came who witnessed the occurrence in the light of tractor and also recognised the two appellants, Anwar and Ikbal. The two unknown persons accompanying the appellants could not be identified. The four assailants succeeded in running away. Dil- shad was taken on cot to his village to give him medical aid, but he succumbed to his injuries in the way. His father, first informant, Ashraf Ali Khan left his dead body in the Baithak and got report of the occurrence scribed by Shamshad Ali Khan and went to the police station along with Raghubfr Pradhan, Shiam Singh Saini, Re-htu Lal Saini, Telu Gujjar and Rudra Datt Sharma. THIS report was lodged at P. S. Rampur on 26. 11. 1979 at about 00. 30 hrs. The distance between police station and place of occurrence was seven miles. On the basis of this written report Ex K-l, head Moharrir Ishlam Mohd. wrote chick F. I. R. Ex. Ka-2 and registered the case in G. D. No. 3 at 00. 30 hrs. as per Ex Ka-3.