MOHAMMAD ALI Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Shukla, J. Mohammad Ali, Ahmad Ali, Mastoor Ali and Iqbal appellants have preferred this appeal against the judgment and order dated 13-3-1978, passed by the Additional Sessions Judge, Etah, whereby he has con victed all the aforesaid appellants under Section 302/34,i. P. C. and sentenced each one of them to undergo imprisonment for life. Each one of them is further convicted under Section 307/34, I. P. C. and sentenced to five years' R. I. All the sentences were ordered to run concurrently.

(2.) BRIEF facts of the case are that there was litigation in the consolida tion courts between Mahmood Khan (deceased) and injured Munir Khan on one side and appellants Mohammad Ali and others on the other side. The deceased, Mahmood Khan and his brother Munir Khan injured had plot of water melon (BARI OF TARBOOZ) in the 'godava Bar', which they were watering since the night between 29/30-5- 1976. On 30-5-1976 at about 12 noon when Mahmood Khan and his brother Munir Khan had irrigated 3/4th of their aforesaid melon field, the aforesaid four appellants came therefrom the side of their village, armed with Lathis and Phawda. Appellant Mastoor Ali was armed with Lathi and Phawda both. Rest of the three, a appellants had Lathis only. They went to the KULABA and started diverting the water towards their field, Mahmood Khan and his brother Munir Khan went to them and told them that their melons had to be watered a little more and so the appellants should not change the direction of the water. The appellants did not pay heed to this request and all the four appellants started beating Mahmood Khan and Munir Khan with Lathis. Mahmood Khan fell down and died on the spot while Munir Khan sustained serious injuries on his head. Witnesses Mushtaq Khan (P. W. 5), Altaf Khan, Imtiaz Ali (P. W. 4), Jawad Ali and informant Chunney Khan (P. W. 2.) who were present in the nearby fields saw the occurrence. Chunney Khan took the dead body of Mahmood Khan and injured Munir Khan on a bullock cart to the police station Jalesar situated at a distance of six and a half miles north from the place of occur rence, and lodged an F. I. R. on 30-5-1976 at 4. 25 p. m. A case was registered under Section 302, I. P. C. against all the four appellants and matter was entrusted for investigation to Sri. O. P. Tyagi, S. I. , who recorded the state ment of the informant Chunney Khan at police station and prepared inquest report and sent the dead body of Mahmood Khan for post-mortem examina tion. Munir Khan was also sent for his medical examination.

(3.) AFTER completing the investigation, charge-sheet was submitted by Sri R. P. Gupta, S. I. and the matter was committed to the court of sessions for trial.