AFSAR ALI Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 19.10.1994, passed by learned First Additional Sessions Judge, Shahdol (M.P) in S.T. No.181/1993 convicting appellant Afsar Ali under Section 302 of IPC and sentencing to undergo rigorous imprisonment for life and fine of Rs.100/- and other appellant Kadir and Anwar under section 326 r/w 34 of IPC and sentenced to undergo RI for 3 years and fine Rs. 100/- and appellant Ahmed Ali under section 326 r/w 34 and 324 of IPC and sentenced to undergo RI for 3 years and fine Rs. 100/-and RI for 1 year and fine Rs.100/- respectively, the appellants have preferred the present appeals under Section 374 (2) of Code of Criminal Procedure, 1973.

(2.) In brief, the case of prosecution is that in the village Titara, Sahmatullah (PW-2) the father of the decease, had taken the fields of Sabir for cultivation in Adhiya (lease) and sown the paddy in it. When the crop was grown up to reap the appellant/accused Kadir who is the brother of Sabir, went in the field and reaped the crop claiming his right in the land . On the date of incident 29.10.1993 the daughters of Sahmatullah and Sabir went to cut the crop, which was left by the accused persons. The accused persons prevented them and threatened that if they will try to cut the crop they will invite a quarrel and face the consequences. Thereafter, they returned from the field without cutting the crop and told about the above facts to Sahmatullah.

(3.) It is further alleged by the prosecution that on the same day in the evening at about 7:00 P.M. son of Sahmatullah the deceased Yunus returned home from the fields and went to wash his hands to the hand-pump situated on the boundary of land of Dhosallah, which is used as Badi. Accused Afsar Ali's house is situated adjacent to this land. When Yunus was cleaning his hands in the hand-pump the accused Ahmed Ali, Kadir and Anwar came there and started abusing him. A hot talk and quarrel started there and the accused persons had scuffled with Yunus. Meanwhile, accused Afsar Ali brought a knife from his house, accused Kadir, Ahmed and Anwar caught hold of Yunus and accused Afsar dealt a blow of knife on the neck of Yunus. Complainant Sahmatullah came on the spot on hearing the noise of quarrel and tried to intervene, the accused Ahmed assaulted him by a knife on his buttock. The deceased had expired on the spot. The mother of deceased Smt. Sajara also tried to save Yunus and she also sustained injury on her left hand inflicted by accused Afsar.