FURKAN Vs. STATE OF U P

JUDGEMENT

(1.) Mr. P.N. Lai the then IV Additional Sessions Judge, Muzaffarnager while disposing of Sessions Trial No. 172 of 1982 of his Court found the Appellant guilty on charges under Sections 398, 324, 323 read with Section 34 IPC and Section 25 of the Arms Act. He convicted him on all these charges and sentenced him to seven years' rigorous imprisonment on the first charge, to two years rigorous imprisonment on the second charge, to six months rigorous imprisonment on the third charge and to one year's rigorous imprisonment on the fourth charge. Against this order, the present appeal has been filed.

(2.) The prosecution story, as it emerges from the first information report Ext. Ka-3 and the testimony of the witnessses is that one Shabbir owned a Kolhu in the village Kamhed towards the west of the village abadi. This area lies within the P.S. Jansath in district Muzaffarnagar. The occurrence took place in the month of February, 19 2 on the 3rd day at about 11-15 P.M. The Kolhus had not yet started crushing but preparations for the same were afoot. In the night in question, three persons engaged by Sabbir Khan were present in the Kolhu, taking warmth from the burning khoi. They were Ishlam PW 2 Bhajjar PW 3 and one Udaiveer, who were all labourers engaged for the running of the crusher. Suddenly four persons, out of whom three were armed with country made pistols and one with lathi, came from the western side and immediately on arriving they asked those three laborers to stand up and give their searches. Then two persons out of the four culprits, started the search of the persons of Islam and Udaiveer, while two others started search for valuables and cash etc. in a cannister which was kept there and in which the clothes etc. of Islam had been stored. Meanwhile Bhajjar got an opportunity to slip off and he rushed to the village. The site plan shows that the village abadi is not very far away from the scene of occurrence and Bhajjar on reaching there, raised a hue and cry and attracted the village people. He immediately returned back to the scene of occurrence while the search of Islam etc. was still going on. Hukum Chand PW 4 who was also lying in the nearby Gher of Lala Jagdish heard the cries and came out. Some more persons including Shabbir and Sida came on the spot. The culprits were encircled. They started firing. Bhajjar received a shot. Then it is said that one other shot also hit him and it was fired by the present accused Furkan. The lathi-wala culprit gave a few lathi blows to Hukum Chand. Meanwhile Bhajjar who is a young man, took courage and with his lathi, he hit Furkan on his head. This accused fell down. By that time a number of village people had collected there and with the help of them and after giving a thorough beating, Furkan was arrested on the spot. He gave out the names of his other associates.

(3.) Furkan was searched. He was found possessed of a country made pistol, in the barrel of which one spent cartridge was embedded. One live cartridge was found in the pocket of his Kurta. Arrangement of a tractor was made. Furkan was tied with a rope and placed on the tractor and then Islam along with Bhajjar etc. went to the thana and lodged the report at 2.45 A.M. on 4-2-1982. The distance of the place of occurrence from the thana is of five miles. Investigation was made and the case was charge sheeted.