SHUBRATI AND OTHERS (IN JAIL) Vs. STATE

JUDGEMENT

(1.) (Sept. 11, 1958) These are three connected which arise out of cross cases.

(2.) In criminal Appeal No. 344 of 1956 Shubrati, Walii alias Nazir, Yasin, Maqbool and Rafic have been convicted under Secs. 325 read with Sec. 149 and 147, I. P. C. and sentenced. to five years rigorous imprisonment under Sec. 325 read with Sec. 149 I. P. C. and again to two year's rigorous imprisonment under the same section. Under Sec. 147, I. P. C. they have been sentenced to one year rigorous imprisonment each. The sentence have been ordered to run concurrently. Appeals Nos. 346 and 374 of 1956 arise out of cross cases, and Qasim, the appellant in the former has been convicted under Secs. 148, 326 read with Secs. 149, 325 read with Sec. 149, I. P. C. and 323 read with Sec. 149 I.P.C. and sentenced to various terms of imprisonment while in the latter Manzoor and Jamil have been convicted under various sections of the Penal Code and sentenced to various terms of imprisonment.

(3.) The prosecution story in brief as detailed in the case out of which Appeal No. 314 of 1956 arises, was that one Allah Banda was selling ice in front of the shop of one Shabbir in Khalapar at about 6 p.m. Shubrati, one of the appellants went to him for purchasing five seers of ice. Those were the Ramazan days and in the evening they wanted ice for breaking their fast; it was the 8th May 1958. Allah Banda asked him to wait till the other customer, namely Chhidda who was also purchasing ice, had been disposed of. But it is said that Shubrati insisted that he should be disposed of and given ice before all others. Then Allah Banda refused to give him ice in preference to the first customers, and requested Shubrati to purchase ice from elsewhere. But Shubrati had no patience and he started abusing and beating him with fists and kicks. One Manzoor, who is one of the accused in the connected case and who is a relation of Allah Banda, saw the incident from a distance and he intervened. In the meantime, it is said, that the other appellants came and they attacked Allah Banda and Manzoor. Allah Banda received two contused wounds on the head; one was skull deep and the other bone deep. Both were on the upper part of the head, one injury being behind the other. He died of those injuries. There was extensive dotted blood under the scalp and the skull was fractured involving the front and parietal bone and both the temporal bones. Manzoor received 20 injuries out of which six were contused wounds and 10 were contusions; the others were swellings and abrasions.