GUDDU @ MODH SADIQUE & ORS Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 8.11.1983 passed by the III Additional Sessions Judge, Allahabad, in S.T. No. 448 of 1981 whereby convicting and sentencing the appellants Guddu alias Mohamad Sadiq and Ibn-e-Ahmad for three years R.I. u/s 307 I.P.C. and appellants Saddan and Sabir for two years R.I. u/s 307 I.P.C. read with section 34 I.P.C.

(2.) Heard Shri Satish Trivedi, learned Senior Advocate, assisted by Shri Ajai Kumar Pandey on behalf of the appellants and Ms. Anjum Haq, learned AGA on behalf of the State. Perused the record.

(3.) The prosecution case in brief is that injured Medi Lal, his brother Chhedi Lal, who is the first informant, and the accused appellants all are residents of Village Beli, Allahabad, which is mostly populated by the members of two communities Muslims and Yadavs. There is persistent enmity between both the communities living in village Beli. The injured and the first informant belong to Yadav community whereas the accused-appellants are Muslim. On 18.5.1978 at 8.30 A.M. the injured Medi Lal was returning back to his village on a bicycle after selling milk in the city. His brother Chhedi lal and three more persons namely Sewak, Lallu and Ramdas were also following him at some distance. The accused-appellants Guddu @ Mohd. Sadiq, Ibn-e-Ahmad, Saddan and Mohd. Sabir all were sitting in front of the house of Buddhu Miyan on a cement bench. As soon as the injured Medi Lal passed from there the appellant Mohd. Sabir and Saddan exhorted with the words <SUP>[1]</SUP>. Hearing this, Medi Lal tried to run away but the accused Guddu and Ibne Ahmad fired on him from the country made pistols they were carrying, which caused injuries on the head, back and hand of the injured. Saddan had also fired from the country made pistol, somehow the fire shot by Saddan got missed. Medi Lal got badly injured and fell down on the road in front of the house of Chhittu Miyan. Hearing sound of firing, villagers rushed to the spot. The accused-appellants ran towards Muirabad. One of them namely Sabir was apprehended by the complainant and others at some short distance. Other accused-appellants made their escape good. Injured Medi Lal was then taken to T.B. Sapru Hospital. A written report of the occurrence was lodged by his brother Chhedi Lal at Police Station Cantonment at 9.45 A.M. on the same day (the occurrence is of 8.30 A.M.). On the basis of the written report a case was registered at Case Crime No. 71 of 1978 u/s 307/34 I.P.C. against the accused-appellants and the matter was investigated.