Decided on October 06,2012

Kamil and five Ors. Appellant


Umesh Chandra Dhyani, J. - (1.) ONE Faiyaz wrote a complaint addressed to Station Officer, PS Manglore, District Haridwar, regarding the murder of his cousin Nisar. He informed the police on 14.09.1996 at 4:00 p.m., that he alongwith his cousin Nisar were going from village Harjauli to village Kumradi on tractor trolley. They saw barricading when they came before the house of village pradhan Sharafat. Informant stopped the tractor. Informant and victim started removing obstruction. In the meanwhile, Kamil, Zulfikar, Ikram, Matloob, Ali Hasan and Wahid came before the tractor and started assaulting them. Kamil, Ikram and Matloob were armed with tabal (sharp edged weapons), Zulfikar, Ali Hasan and Wahid were carrying spears in their hands. They brutally assaulted Nisar, who was taken to Government Hospital, Roorkee, but his life could not be saved. The assault made by the accused persons cost Nisar's life. Wahid also gave a blow to Faiyaz on his elbow joint. When alarm was raised, Islam, Afzal, Shamshad and many other people came on the spot. The accused persons had old enmity with Nisar and because of the selfsame reason, Nisar left his village and started living in village Harjauli for the last three years.
(2.) ON the basis of said complaint, chik FIR was registered in PS Manglore, Roorkee on 15.09.1996 at 00:35 hrs. The incident was alleged to have taken place on 14.09.1996 at 4:00 p.m. The distance between the place of occurrence and PS concerned was six kilometers and hence, there appeared to be no delay in lodging the FIR. Investigation began on the basis of said FIR. When the same was completed, a charge -sheet for the offences punishable under Sections 147, 148, 149, 324 & 302 IPC was submitted against accused persons, viz., Kamil, Wahid, Ali Hasan, Zulfikar, Matloob and Ikram. When the trial commenced, charges against the accused persons were framed for the offences punishable under Sections 302/149 IPC, 148 IPC and 324/149 IPC, to which the accused persons pleaded not guilty and claimed trial. Seven witnesses, viz., PW 1 Faiyaz, PW 2 Afzal. PW 3 Islam. PW 4 Dr. A.K. Mittal. PW 5 Dr. S.K. Jain, PW 6 Mahesh Chandra and PW 7 C.P. Brahm Pal were examined on behalf of prosecution. When the substance of prosecution evidence was put to the accused persons under Section 313 Cr.P.C., they said that they were falsely implicated in the case. No evidence was however, adduced in defence.
(3.) AFTER hearing both the sides, learned trial court convicted all the accused persons for the offences punishable under Sections 302/149 IPC, 148 -IPC and 324/149 IPC and were sentenced appropriately. Aggrieved against the said judgment and order, present criminal appeal was preferred.;

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