SIDDIQUE Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Accused appellants named above were convicted by Sri Onkar-eshwar Bhatt, the then VII Additional Sessions Judge, Farrukhabad vide his judgment and order dated 12-6-1980 in S.T. No. 366 of 79 under Ss. 302/149, I.P.C. They were sentenced to undergo life imprisonment and a fine of Rupees 1000/- each. The accused appellants Siddique, Chootey and Qamruddin were further convicted under S. 147, I.P.C. and Ss. 323/149, I.P.C. They were sentenced to undergo R.I. for one year under Sections 147, I.P.C. and six months' R. I. under Ss. 323/149, I.P.C. Further the accused appellants Majeed, Sattar and Ali Mohammad were convicted u/S. 148, I.P.C. and Ss. 324/149, I.P.C. and sentenced to undergo R.I. for two years under Section 148, I.P.C. and one year R.I. under Ss. 324/149, I.P.C. each. All the sentences were made to run concurrently. Aggrieved by the said judgment and order of conviction and sentence, they have come up in appeal before this Court.

(2.) The prosecution story, briefly stated, is as follows :The complainant Dulha Miyan P.W. 1, his brother Sayeed deceased, father injured Wahid Bux P.W. 4, were all residents of village Sheikhpur Rustampur P. S. Kamalganj, District Farrukhabad. The accused appellants Siddique, Majeed, Sattar and ali Mohammad, all sons of Lalla, were real brothers. Accused appellants Qamruddin and Chhotey were their close associates. They were also residents of village Sheikhpur Rustampur. The deceased, his family members and accused appellants used to purchase mango crops. They were also dealing in cattle business. They were having business rivalry on the point of purchase of mango crop etc. The prosecution claimed that in the year in question which was 1979, the deceased and his family members had taken mango crops of as many as 13-14 groves near about their village. In that year, the deceased Sayeed offered higher amount in the purchase of the said crop. He rather prevented the accused appellants from purchasing the mango crops. The accused appellants, therefore, bore enmity with the deceased and his family members on this score there was also business rivalry in between the parties regarding the trade of hide and skins of cattle.

(3.) The occurrence of this case took place at about 1 a.m. on 25-6-1979 in the grove of one Rameshwar Dayal situate in village Barua Bagat P.S. Kamalganj, district Farrukhabad. At that time, the deceased, his father Waheed Bux, injured (P.W. 4) servant Lala Ram (P.W. 2) and Shri Krishna were sleeping in the grove of Rameshwar Dayal. The complainant Dulhey Miyan (P.W. 1), who was the brother of the deceased, was sleeping in the nearby grove of Brij Bahadur, which lay at a distance of about 300 yards from the grove of Rameshwar Dayal. They were sleeping there for looking after the mango crop, which was ripe at that time. Towards the east of the grove of Rameshwar Dayal, there was a drain of tube-well. Towards west, there were other groves belonging to Jeera Lal, Ram Charan and Hashmat Ali. The grove of Brij Bahadur lay towards north. Towards south, there was a grove of one Suresh Verma. The prosecution maintained that on the fateful night of the occurrence, all the six accused appellants formed an unlawful assembly with the common object of committing murder of Sayeed and further for causing hurt to his family members. The accused appellant Siddique was armed with lathi, Majeed with a knife, Sattar with a Kanta, Qamruddin with a lathi, Ali Mohd. with Kanta and Chhotey with Lathi. They went into the grove of Rameshwar Dayal and assaulted the deceased Sayeed, his father Wahid Bux (P.W. 4) Servant Lala Ram (P.W. 2) by means of their respective weaspons and caused injuries to them. Hearing the noise of his brother, Dulhey Miyal P.W. 1 rushed to the place of occurrence flashing his torch light. Waheed Bux P.W. 4 and Lala Ram P.W. 2 were also having their torches, which they had flashed at the time of the occurrence and in the light of those torches, they had seen and recognised the accused appellants. As a result of the injuries caused to Sayeed, who was youngman of 30 years of age, he died at the spot. Waheed Bux P.W. 4, father of the deceased, tried to save his son and in the bid of saving of his son, he sustained a number of injuries at the hands of the appellants. His servant Lala Ram also sustained injuries. After causing the injuries to the deceased, Waheed Bux and Lala Ram, the accused appellants made good their escape.