- (1.) All the original 11 accused before the trial court are the appellants herein. They were tried for offences punishable under Sections 302/149, 307, 436, 323, 147 and 148, IPC. The trial court convicted all of them and sentenced each of them to undergo imprisonment for life under Ss. 302/149, IPC and to various other terms of imprisonment for the other offences. The sentences were directed to run concurrently. All the convicted accused preferred an appeal before the High Court but the same was dismissed. The prosecution case is as follows: All the accused, the deceased Dr. Iqbal Mohammad and the material witnesses belong to Village Gulera Bakshis, Motipur Police Station in District Bahraich. All the accused are Harijans. The accused were claiming that the land was allotted to them by the Gram Panchayat as a result of the agitation launched by Communist Party and they were given possession by the Gram Panchayat. The deceased and the P.Ws. who are members of a registered Co-operative Farm owned a farm and it appears that there was no demarcation between the two lands. There were strained relations between the members of the Co-operative Farm on the one hand and the accused on the other hand in respect of the land. On 6-10-72 P.W. 3 Fasiuddin lodged a written report under S. 447, IPC. against some of the accused on the ground that they committed trespassing and that case was pending. On 26-10-72 P.W. 1 filed a report under Ss. 436 and 379, IPC against some of the accused and that the accused were convicted on 15-10-76. They preferred an appeal and the same was pending. On 22-12-72 P.W. 1, the President of the Co-operative Farm filed a suit for permanent injunction restraining all the 11 accused and 27 others from interfering with the possession of the farm-holders in respect of certain plots comprised in the farm. The defendants though received the summons but did not contest the suit and an ex parte decree was passed. The accused who were defendants thereafter moved an application for setting aside the ex parte decree but that was rejected. The members of the Co-operative Farm were making complaints against the accused and others to the administrative authorities and the police were directed to take action.
(2.) The deceased Dr. Iqbal Mohammad and Edward Jacob, injured were friends and used to reside in Kanpur. The deceased used to look after the farm on behalf of his son and Edward Jacob and others used to accompany him to the farm. On 24-6-73 at about 2 p.m. one Nageshar was driving the tractor of the farm in the field and the two workers Jangali and Baby were clearing the bushes with, the help of others. At a distance of 20-30 paces from them the deceased, Edward Jacob, P.W. 3 Fasiuddin and others were sitting. The deceased was holding his. 12 bore Gun and another rifle was kept near the tree. Just then 20 to 25 people including the 11 accused appeared there from the forest. A-6 was armed with a Ballam, A-11 was armed with a Pharsa and the others were armed with lathis and the accused shouted that the deceased should be killed. According to the prosecution they surrounded the deceased and others and inflicted injuries on them. Jangali and Baby were also beaten. This occurrence was also witnessed by P.W. 2 and others who were grazing the cattle. It is stated in self-defence that Dr. Iqbal Mohammad fired two shots from his gun due to which A-3 Mithai Lal and A-4 Baothoo received gun-shot wounds. The deceased who received serious injuries fell dead. When some more persons came to the scene of occurrence, the accused left the place. The rifle belonging to the deceased was found missing. A report was lodged with the police. PW. 4 S.I. registered the crime on the same day at about 6-40 p.m. A-1 also' lodged a written report of the incident in which it was stated that the occurrence took place at about 1-30 p.m. and that P.Ws. 1, 3 and other injured persons came to the site with many others and tried to take forcible possession of the land from the accused who were alleged to be in continuous possession and the prosecution party set fire, to the huts and also fired gun shots during the course of which A-3 and A-4 received injuries.
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