STATE OF UTTAR PRADESH Vs. AQEELA

JUDGEMENT

(1.) Smt. Aqeela, her son Iqbal and Razi, who was an associate of Iqbal, were tried in S.T. No. 723 of 1978 by Sri B. B. L. Hajela, the then Ist Additional Sessions Judge, Moradabad and were convicted under Ss. 304(II) and 323/34, IPC and were sentenced to undergo imprisonment for a period of three years on the first count and one year R. I. under the second count. The sentences were ordered to run concurrently as per judgment and order dated 17-11-1979.22. Accused appellant Aqeela and Iqbal felt aggrieved by the said judgment. They accordingly preferred criminal appeal No. 2953 of 1979, Razi preferred separate appeal being Criminal appeal No. 2952 of 79 against the order of conviction and sentence. On the other hand, the State feeling aggrieved by the said judgment preferred Government criminal appeal No. 199 of 80. The complainant Khalil also felt aggrieved by the said judgment. He, therefore, preferred criminal revision No. 1917 of 1979. Since all these matters arise out of one and the same incident, they were heard together and are being disposed of by this common judgment.3. It appears that Smt. Aqeela (A-1) was a widow and Iqbal (A-2) was her son. They were resident of village Pandit Nagla, P.S. Katghar District Moradabad Accused appellant Razi (A-3) was an associate of Iqbal. He was resident of Mohalla Idgah P.S. Katghar District Moradabad. The complainant Khalil P.W. 2 was also a resident of village Pandit Nagla. Smt. Aqeela was bearing enmity with Abdul Rajaq deceased. The proceedings under Ss. 107/116 Cr. P.C. were going on in between them.4. The incident of this case took place on 8-11-1978 at 5 p.m. near a Pulliya situate in village Pandit Nagla P.S. Katghar District Moradabad. On that date, Khalil P.W. 2, Abdul Rajaq deceased were going on bicycle from Moradabad to their village Pandit Nagla. On another bicycle Shahid Hussain P.W. 3 and Wazid were going. When they came near village Pandit Nagla at about 5 p.m., accused appellant Smt. Aqeela, her son Iqbal and son's associate Razi emerged from towards north of culvert. Smt. Aqeela was holding some sulphuric acid in a Dibba. She threw away the same upon Abdul Rajaq. The acid sprinkled over Khalil P.W. 2 and Shahid P.W. 3 caused injuries to them. Razi and Iqbal assaulted Rajaq by means of knife. Giving up bicycle on the way Abdul Rajaq tried to run but was apprehended by Razi and Iqbal, who assaultedhim by means of knife and killed him. The prosecution maintained that accused appellant Smt. Aqeela had caught hold of the deceased Abdul Rajaq and thereby assisted Iqbal and Razi in assaulting the deceased by means of knife. Abdul Rajaq was killed. Hearing cries, Safdar P.W. 4, Kalua reached at the spot. Iqbal and Razi ran away along with knife but Smt. Aqeela was apprehended on the spot. When the other villagers came at the spot, Khalil P.W. 2 leaving the dead body of the deceased and Smt. Aqeela went to police station, which lay at a distance of about 31/2 miles from the scene of occurrence and lodged an oral report Ex. Ka-3 about this occurrence, on the basis of which head constable Ved Prakash P.W. 5 prepared Chik report and G.D. report.5. The investigation into the matter was taken up by S.I. Attar Singh P.W. 8 who immediately referred Khalil P.W. 2 and Shahid P.W. 3 for medical examination to District Hospital Moradabad where they were examined by Dr. Chandra Prakash P.W. 1, on 8-11-1979 at about 10 p.m. and 10-30 p.m. respectively and he found the following injuries on their persons.Khalil Ahmad(1) Multiple acid burns on whole of the back extending from scapular spine to iliac crest. Skin was blackened. No blister formation. No surrounding of hyperaemic or ulceration.(2) Acid burn (chemical burn) on lt. ant. chest in an area of 7 cm. x 1.5 cm, 2 cm below left nipple. Skin blackened.(3) Multiple skin burns in an area of 18 cm x 3 cm on post aspect of left upper arm elbow joint and left forearm in post aspect.In the opinion of the doctor, the above noted injuries were caused by some chemical substance and their duration was fresh.Shahid Hussain(1) Chemical (Acid) burn 2.5 cm x 1.5 cm on right side of forehead just above medial end of right eye brow. Skin blackened. No blister formation and no ulceration.(2) Multiple chemical (acid burns) on lateral aspect of left upper arm to forearm size varying from 3 cm x 1.5 cm to 4 cm x 1 cm and 4 in number. Skin blackened. No ulceration or blister formation.(3) Multiple chemical acid burns on right forearm varying in size from 5 cm 1/2 cm to 2 cm x 1/2 cm and 2 in number. Skin blackened. No ulceration or blister formation.In the opinion of the doctor, the above noted injuries were caused by some chemical. They were simple in nature and their duration was fresh.6. S.I. Attar Singh along with other police officials rushed at the scene of occurrence and reached there at about 7 p.m. He arrested the accused appellant Smt. Aqeela. Smt. Aqeela was wearing Salwar and Kurta at the time of the incident, which were stained with blood. S.I. Attar Singh thereafter inspected the dead body of the deceased and after preparing the inquest report sent the dead body of the deceased for post mortem to mortuary at Moradabad where Dr. U.C. Tyagi P.W. 6 conducted autopsy on the dead body of the deceased on 9-11-1978 at about 3 p.m. and found the position as under :

(2.) Incised wound 3 cm x 2 cm x 6 cm on middle of anterior aspect of chest.

(3.) Abrasion 1 cm x 2 cm on anterior lateral aspect of left arm.