EZAZ KHAN Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants have been convicted by the Second Additional sessions Judge, Vidisha, in Sessions Trial No. 16 of 1978, under the Judgment dated 11-9-1982 of the offences punishable under sections 147, 225/307/333 read with section 149 of the Indian Penal Code. However, in view of the provisions of section 71 of the Indian penal Code, they have been sentenced in respect of the major offence under section 307 read with section 149 of the Indian Penal Code only, and sentenced, thereunder, to undergo rigorous imprisonment for two years each.

(2.) IT was not disputed before me, in course of the arguments in the appeal, that all the appellants belong to village Kulue-Kheda, P. S. Deepna-Kheda, district Vidisha. Appellants Nos. 2, 3, 5 and 6, respectively named Jhammu @ Sabir, Zuber, Laik Khan and Shakir, are brothers being the sons of appellant No. 4 Hanif Khan and, as such, they belong to the same agricultural family. Further, it was also not seriously challenged that in course of the violence, that took place on the evening of 15-10-1977 at about 5. 30 p. m. on the road between the villages Kulue-Kheda and Karia, some of the members of the police party, who have been examined as prosecution witnesses, received injuries, while, on the other hand, among the appellants, appellant No. 3 Zuber and appellant no. 5 Laik Khan @ Laik Miya received gun shot wounds, as also brought out by Dr. Ashok Singhai (D. W. 2) in the defence evidence led by the appellants-accused persons.

(3.) BRIEFLY stated, the prosecution story was that on the date of the incident, a police party consisting of H. C. Police Bhanwar Singh (P. W. 3), police constables Laxmi narain (P. W. 4), Diwan Singh (P. W. 6) of P. S. Bahadurpura, district Vidisha, and Home-guard Lance-Naik Pransigh (P. W. 13), accompanied on the way by Ashfaq Ahmad (P. W. 2), was on its way to and near village Kulu-Kheda to execute the non-bailale warrants of arrests (Ex. P. 19 to Ex. P. 22), issued by the Court of the Judicial Magistrate first Class, Mungawali, in police-challan case No. 450 of 1976, under me orders of the court dated 18-7-1977 (Ex. P. 18) against the appellants Ezaz Khan, Laik Khan, Zuber and one Salim Khan, when they came across appellant Zuber on the way. On Zuber being identified by Ashfaq Ahmad (P. W. 2) the police party arrested him after explaining the substance of the non-bailable warrant of arrest issued against him. When they had covered a little distance, Zuber raised a hue and cry near the joint family agricultural field on the way. Shortly thereafter, rest of the appellants, variously armed with weapons, came there in order to rescue Zuber and even on being explained about the non-bailable warrants, they did not heed to the police warning not to interfere with the process of law. Among the appellants, Hanif Khan and Jhammu @ Sabir were armed with farsas, Ezaz Khan with a lihangi, Laik Khan with a Parena (stick with a pointed edge to drive the ploughed bullocks) and Shakir with a danda (small stick ). They attacked the Police Party in a body and were also joined in the aggression by zuber, who freed himself with the help of the appellants. With a common object, the unlawful assembly of the appellants caused injuries to the members of the police party with their respective weapons. Ex. P. 1 to Ex. P. 7 are the injury certificates, given by Dr. B. D. Agarwal (P. W. I) inclusive of police requisitions, in this connection. Among the members of the force, H. C. Bhanwar Singh (P. W. 3) received as many as 10 injuries, including a fracture in the skull, as brought out by Dr. A. Dutta (P. W. 17), vide X-Ray plates Ex. P. 28 to Ex. P. 30 and the report Ex. P. 27, which was dangerous to life. He had to be brought back on a tractor-trolley.