HINGU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 14-12-79 passed by the then IInd Addl. Sessions Judge, Shahjahanpur in S.T. No. 507 of 1978, State v. Hingu. By virtue of this order, the learned trial Court has found the appellants Hingu and Ashfaq appellants guilty of the charge under S. 307 IPC, read with S. 34, IPC and convicted them accordingly under S. 307, IPC and sentenced them to undergo R. I. for 5 years. Co-accused Rashid and Firasat were extended the benefit of doubt and acquitted. The State has not filed any appeal against the order of acquittal granted to the two accused aforesaid. The present appellants have filed this appeal.

(2.) The prosecution case started on the basis of a FIR (Exhibit Ka1), dated 11-2-77 filed by Mohd. Nazmi Khan at Post Kotwali, Shahjahanpur. He has alleged that on 11-2-77, his brother Mohd. Muin was seeing the Mela of Chhehlum. He was accompanied by Shakil, Mohd. Babu Jai and Kamil. Anjum's friend appellant No. 1, met him in the Mela. Hingu, accused asked Anjum to accompany him. They also asked Shakeel and Kamil, the companions of injured Anjum to accompany. They further asked his companions Shakeel and Kamil to go home and bring Rs. 50.00 from the house of Anjum, which was due to them. They further said that Anjum would be returning home very soon. They also told Anjum that he was bent upon getting them arrested by the police. Therefore, they would teach a lesson to him. On that date, it was about 2.30 P.M. when accused Ashfaq, appellant No. 2, Rashid and Firasat (acquitted accused), Hingu, appellant No. 1 were armed with knives. Rashid had a hockey stick and Firasat had a lathi. They pounced upon Anjum, Ashfaq and Hingu caused injuries with their knives to the victims. Firasat and Rashid (acquitted) had lathies. They were declaring that they would finally kill Anjum. On the intervention of the witnesses, the accused escaped. The injured Anjum was brought to the hospital first, where, he was examined by Dr. Manavendra Singh on the same day at 3-3.15 P.M. The injured Parul Haq was examined on 11-2-77 at 3.00 P.M. The following injuries were found on his person :-1. Bleeding incised wound on the back of Lt. chest 22 cm below the Lt. shoulder tip measuring 3 x 1 cm up to lungs.2. Incised wound 2 x 0.5 cm x 8 cm below the Rt. shoulder into muscle.

(3.) Incised wound on the Rt. shoulder 2.5 x 0.5 x muscle deep.Opinion - All injuries are caused by sharp-edged weapon. Injury No. 1 kept under observation. Duration fresh. Advised X ray Chest AP View. Patient admitted in Emergency Ward (Exts. 2).3. The said Doctor also examined Mohd. Muin on 11-2-77 at 3.15 P.M. He found the following injuries on his person :-1. Injury :- Bleeding incised wound on the back of RT side, 20 cm above the Rt. Illiac bone on the Back. Measuring 2 x . 5 cm depth not probed.Opinion :- Injury caused by Sharp-edged weapon. Duration Fresh kept under observation. Advised X-ray chest and abdomen AP view. Patient admitted in Emergency Ward.