SULEMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide his Judgment and - order dated September 5, 1983, the learned Sessions Judge; Faridabad convicted and sentenced Suleman and Majid appellants under sect ion 302, Indian Penal Code and awarded them life imprisonment. Their co-accused Mola Bux was convicted under section 307, Indian Penal Code and awarded rigorous imprisonment for 5 years. Rozdar son of Kamal Khan, Fajru Son of Chandru, Chitru son of Nawaza, Suleman son of Daud and Mst. Subi were also sent up for trial but they were given the benefit of doubt and ordered to be acquitted. Suleman and Majid have come up in appeal before us

(2.) The case of the prosecution in brief is that Aajim son of Nizru P.W.2 used to carryon the business of selling milk. He had advanced a sum of Rs. 2500/- to one Mohammad son of Chandre for procuring milk for him. The said Mohammad did not supply the milk nor did he return the amount advanced to him. During the end of year 1980, Nizra deceased and John wife of Nizru had also demanded this amount from Mohammad. Upon this, an altercation ensued between the parties. Nizru P.W. 2 I took out proceedings under Section 323, Indian Penal Code against Mohammad, Suleman appellant and one Ishaq. This matter was however compromised by the brotherhood. Mohammad agreed to return this amount but even after compromise he did not fulfill the promise.

(3.) The present occurrence took place at about noon time on May 30, 81 in the area of village Naushera police station Hathin, district Faridabad. At the fateful time, Nizru P.W. 2, Nizra deceased and Ghosi son of Nur Khan resident of Kagarka, Abdul Hakim (P.W. 3) and Balkhandi (P. W. 4) were going towards their house after coming from their Kacherl (sitting place). Nizra deceased was going ahead of them by 3/4 paces. When they had reached on the thoroughfare, the two appellants and their companions appeared from the side of sitting room of the complainant party. At that time Suleman appellant was armed with a gun and Majid was armed with pharsa. Out of the acquitted accused, Rozdar armed with a gun, Fajru armed with pharsa, Chitru armed with a balam, Suleman son of Daud armed with lathi and Mst. Subi empty handed came from the side of the baithak of Nizru. Mala Bux was carrying country made pistol Ex. P. 8. Suleman appellant opened fire from his gun which hit the back of Nizra deceased and on receipt of this injury he fen down. Abdul Hakim (P.W. 3) threw stones towards Suleman and his companions. Upon this; Mala Bux fired from his country made pistol towards Abdul Hakim who took shelter behind the wan of Subhan Khan. Majid appellant gave a pharsa blow on the head of Nizra deceased. The prosecution witness Nizru and others raised an alarm Mar dia Mar dia where upon the two appellants and their companions went away from the place of occurrence along with their respective weapons.