MEHMUD HASSAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) KASAM Jaan Sarpanch of Fardari was murdered. Eight persons are standing trial for his murder. Friends, relations and well wishers of the accused party are stated to have temporarily shifted from their native village Fardari to village Alawalpur of Police Station Nuh district Faridabad. Nazar Mohammad, author of the First Information Report, Faiz Mohammad and Gulzar are members of the rival accused party in the murder case of Sarpanch aforesaid who had shifted to village Alawalpur along with other members of their party.

(2.) AROUND 8.00 P. M. on 14th November, 1985 Nazar Mohammad, Faiz Mohammad and Gulzar got down from the bus at Bus Stand, Sikrawa, and were going on foot by the side, of the canal bank from Punhana to Alawalpur. On the way Gulzar got aside to make water while the remaining two continued their forward march. From behind they heard cries of Mar Dia. Mar Dia, returned to the place where Gulzar had got aside and saw that Shabir, Hamida, Rafiq, Shamsher and Mehmud Hassan, all the five accused armed with lathes had waylaid Gulzar. Mehmud Hassan accused proclaimed that Gulzar should be taught a lesson for the murder of Sarpanch and gave a lathi blow to Gulzar on the back side of the head of the deceased above the neck. Shabir accused gave Gulzar another lathi blow on the top of his head. Similarly Hamida, Shamsher and Rafiq also gave lathi blows to Gulzar on his head. On sustaining five lathi blows on his head from the five accused, as narrated above, Gulzar fell down on the ground with his face downwards. The five accused then gave lathi blows to Gulzar indiscriminately which fell on his waist, feet arms. The two eye-witnesses are then alleged to have raised alarm hereupon the accused fled away from the scene of occurrence. Injured Gulzar is alleged to have succumbed to his injuries on the spot and breathed his last.

(3.) WE have heard Shri R.S. Cheema. Advocate, with Shri Qutabuddin, Advocate, for the appellants, Shri K.D. Singh, Advocate for the State and have carefully scrutinized the record of the learned trial court.