JUGI KHAN Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 19-9-1980 passed by Sri M.S. Premi, the then Vth Additional Sessions Judge, Farrukhabad in S.T. No. 210 of 1980, whereby he convicted the accused-appellant Jugi Khan of the office under Section 324, I.P.C. and convicted the accused-appellant Bajhe Khan alias Sher Mohammad Khan of the offence under Sections 324/114, I.P.C. and accused-appellant Munne Khan of the offence under Sections 324/34, IPC but instead of sentencing them to any sentence at once, directed them to be released on probation of good conduct on each furnishing a bond for a sum of Rs. 2000.00 with two sureties each in the like amount to keep peace and be of good behaviour for a period of one year, During the pendency of this appeal Jugi Khan accused-appellant No. 1 has died and consequently, the appeal has abated to his extent. Learned counsel for the remaining accused-appellants and the learned A.G.A. have been heard on the merits of this appeal.

(2.) The prosecution case was that Sher Mohammad informant was resident of village Hatiapur, P.S. Maudarwaja and was employed in District Etah as a constable in the police department, that the accused-appellants were real brothers inter se and out of them Bajhe Khan alias Sher Mohammad accused-appellant was Pradhan of Gaon Hatiapur, that the informant had sent an application to the S.P. Etawah who had forwarded it to S.P. Fatehgarh for enquiry and the same was given to Ram Prasad Awasthi Sub-Inspector of Police Station Maudarwaja, that on 1-11-1978 at about 4.45 p.m. when S.I. Ram Prasad Awasthi along with the constable Sher Ali and informant Sher Mohammad came to village Hatiapur and started making enquiry in the application of the informant in front of the Baithak of Bhullan Miyan, all the three accused-appellants came there, that accused-appellant Bajhe Khan exhorted his brothers whereupon Munne Khan accused-appellant caught hold of Sher Mohammad informant while Jugi accused-appellant assaulted the informant with a knife to commit his murder which struck on his mouth near jaw, that Bhjhe Khan and Munne Khan accused-appellants were caught at the spot while Jugi Khan accused-appellant managed to escape with the knife.

(3.) The F.I.R. Exh. Ka-1 was lodged at the police station by the informant at 6.35 p.m., the same day and on its basis of chik report was prepared and a case was registered under Section 307, I.P.C. against all the accused-appellants. The investigation was entrusted to S.I. Jitendra Prasad who after making it submitted charge sheet against all the 3 accused-appellants under Section 307, I.P.C.