MUQARRAM KHAN Vs. STATE

JUDGEMENT

(1.) Appeal challenges conviction and sentence of appellant for the offences of Sections 148, 323/149, 325/149, 307/149 IPC and concurrently running awarded different imprisonments maximum of two and half years and fine Rs. 1300/-.

(2.) Heard learned Counsel for the appellant and learned Public Prosecutor.

(3.) Brief alleged facts and events per prosecution are that on 29.10.78 at about 7:30 PM, Rashid PW/1 informed and lodged report at P.S. Surajpole, Udaipur that on that evening at about 7:15 when he and his brothers Majid, Aziz, Saleem and Hamid were sitting at tailoring shop of brother Aziz and doing tailoring work - from towards Surajpole came truck being driven by Hayat who sitting at front seat Jabbar and Mukarrar and from behind alighted Nawab, Sajjad, Ejaz, Gudda, Zulfikar and Bullan - in hands of Hayat was spear (Farsa) and with others lathis and all these entering the shop inflicted injuries at them. Alleged that Hayat with spear inflicted injury on head of Majid - Mukkarram and Sajjad with lathis on head of Majid - Jabbar and Nawab with lathis on Aziz - Gudda and Ejaz with lathi on Hamid - Zulfikar and Bullan with lathi on Rashid and Salim. Also averred that he does not know if any other weapon used and he observed Sunder lal and some others witnessing the incident, then these assailants went away in truck and they (Rashid and others) all in tempo of Prakash have come to police station. Stated that two and half years earlier, Pathak stabbed Jabbar and challan submitted against five in which Pathak and Kanju convicted but Aziz, Hamid and Chunnu Bhai acquitted so and in order to revenge, incident committed.