YAMIN ALIAS AAMEN Vs. STATE

JUDGEMENT

(1.) HEARD Sri D. N. Wali, learned counsel for the appellants and learned A.G.A. for the State.

(2.) THE instant appeal preferred by the appellants is against their conviction and sentence under Sections 147 and 307, I.P.C. read with Section 149 I.P.C. for 18 months and 5 years R.I. respectively. Both the sentences are directed to run concurrently.

(3.) ACCORDING to the narration in the first information report, the occurrence is alleged to have taken place on 22.1.1976 at 5.30 p.m. and the first information report was registered on the same day at 6.20 p.m. by Lalloo son of Kalloo, Muneshwar son of Budhai Lal used to work for the first informant and was going alongwith Abdul Rashid son of Mohd. Shafi, Ishaq, Malloo, Niyamat Ullah and Abdul Khaliq son of Abdul Wahid towards Begam Purwa to settle the payment of wages of the labours. At the time and place of occurrence, accused Jumman, his brother Amin, Umar, Khunnu alongwith several others caused injuries. Malloo, Khaliq and Izahar escaped the assault. The nearby residence reached the place of occurrence after hearing shrieks and noise but the accused managed to escape. It is also alleged that the accused had entered into a conspiracy with Lalloo, Khunnu, Umar and others. The two witnesses namely Mohd. Ishaq and Abdul Rashid are the witnesses of conspiracy. Abdul Rashid is also one of the injured witnesses. The injury reports of three injured Muneshwar, Abdul Rashid and Mohd. Ishaq are Exhibit Ka-1, Exhibit Ka-2 and Exhibit Ka-3, Mohd. Ishaq was examined as P.W. 1, Kallu P.W. 2, Rasool alias Mallu P.W. 3, Azhar Ali P.W. 4, Mohd. Sabbir P.W. 5, Haji Ali Mulla P.W. 6, Abdul Rashid P.W. 7, Lallu P.W. 8, P. N. Bishnoi P.W. 9, Om Pal Singh P.W. 10 and Dr. G. K. Ghosh P.W. 11. The injuries of the injured are enumerated below : 1. Muneshwar Injured. (i) Multiple holes 2/10" 2/10" on the right side of right forearm. (ii) Circular wound 1/4" 1/4" on the right shoulder. The depth of these injuries could not be detected and their X-ray was advised. 2. Abdul Rashid, P.W. 7. (i) Circular wound 1/4" 1/4" on the left side of back 1" away from mid-line. (ii) Circular wound 1/4" 1/4" on the left scapular region. Depth of these injuries could also not be detected and their X-ray was advised. 3. Mohd. Ishaq. (i) Circular wound 1/4" 1/4" on right shoulder. (ii) Circular wound 1/2" 1/2" 1/4" top of right shoulder. X-ray of this injury also was advised. The doctor was of the opinion that all injuries of the aforesaid injured persons which were fresh could have been caused by some fire arm.