ANIL KUMAR SHARMA - (1.) BOTH these appeals arise out of the common judgment and order dated 10.9.2003 passed by Additional Sessions Judge (Fast Track Court No.4), Budaun in S.T. No.486 of 2000, under sections 147, 148, 307/149 and 307/149 IPC (Crime No.351 of 1999 ) and in S.T. No.487 of 2000, under Section 25 Arms Act (State Vs. Jeesan, Avan and Ishrar ), whereby the appellants have been convicted and sentenced as under : JUDGEMENT_544_TLALL0_2012HTMLH1.htm The sentences awarded to each of the appellants were to run concurrently. Both these appeals have been heard together and are being disposed of by this judgment.
(2.) The facts germane to the appeals are that on 15.12.1999 at about 7.30 a.m. Smt. Shahida Begun, wife of Gulam Rasool, resident of Hamupur Chamarpura, P.S. Sahswan, district Budaun submitted a written report scribed by Hasmat Hussain in P.S. Sahaswan wherein she stated that there was old enmity on account of the election of Pradhan between her family and the family of Jeesan and others. Yesterday, in their village there was scuffle between the Faqirs and her husband Gulam Rasool settled their dispute which was not liked by Jeesan and others and they have threatened her husband. On 15.12.1999 at about 7.30 a.m., her husband while going towards the Faqirs reached near the culvert, accused Jeesan, Rihan and Avan sons of Viqar and Afzal s/o Zulfiqar having guns in their hands and Ishar son of Abrar alias Raja armed with country made pistol surrounded him and started hurling abuses. On hearing the commotion the complainant, her brother in law Rijwan and her son Javid reached at the spot and then Jeesan exhorted his companions to kill them. All the accused persons in furtherance of their common intention to kill opened fire from their respective weapons and beat them with butts of weapons, whereby her husband, brother-in-law and son were badly injured and fell down. The complainant also suffered injuires on her eye. This incident was witnessed by Haseeb son of Ghasi Khan, resident of Village Bazpur, Fazle son of Tahir Ali and Sunavvar son of Musabbir Ali, Kallu son of Riyazi, resident of Village Chamarpura, Tasavvar son of Evaz, resident of Village Baazpur and others who arrived at the scene of occurrence, challenged them. The accused, giving life threat left the scene of occurrence. The complainant along with her injured husband, brother- in-law Rijwan and son Javid reached the police station Sahaswan and submitted the written report.
(3.) On the basis of this report Case Crime No. 351 of 1999, under sections 147,148, 149, 307 and 506 IPC was registered at Police Station Sahaswan, district Budaun, investigation whereof was entrusted to SI Ram Baran Singh. The injured were sent for medical examination to Public Health Centre, Sahaswan, but due to critical condition of the injured, they were taken to District Hospital Budaun. However, injured Gulam Rasool succumbed to the injuires on way to the hospital. Dr. D.V. Shakya examined injured persons in District Hospital, Budaun on 15.12.1999 from 9.50 a.m. onwards. The doctor has noted in the report Ext. Ka-5 that Gulam Rasool was brought dead in emergency OPD at 9.30 a.m. of 15.12.1999 and his dead body had been kept in the mortury. Dr. D.V. Shakya found the following injuries on the person of other injured: Javid- at 9.50 a.m. (i) A fire arm wound of entry of size 2.5 x 2 cm. x on left side neck 5 cm. below left ear, margins inverted, blackening present at margins, fresh bleeding present ; (ii) A fire arm wound of exit of size 7 x 6 cm. x communicating to injury no.1. Left side face extending from angle of mouth to left side chin, margins everted, mendible left side exposed, profuse bleeding present; (iii) Fire arm would of entry of size 4 x 2 cm. x muscle deep palmer aspect left hand at base of left thumb; (iv) Fire arm wound of entry of size 4 x 1.5 cm. x bone deep on palmer aspect of left ring finger. Wound placed parallel to finger. In the opinion of the doctor injury no.1 to 4 were caused by discharge of fire-arm weapon. All injuries were fresh in duration, kept under observation and X-ray was advised. Rizwan at 10.20 a.m. (i) A lacerated wound of size 1 cm. X 0.5 cm. x muscle deep over left eyebrow; (ii) A lacerated wound of size 4 x 0.8 cm. x bone deep on left side forehead 1.5 cm. above left eyebrow; (iii) A lacerated wound of size 6 x 0.5 cm.x bone deep on left side head 8 cm. above from left ear; (iv) A lacerated wound of size 7 x 0.5 cm. x bone deep left side head 2 cm. above injury no.3; (v) A contusion of size 4 x 2 cm. on outer aspect of left forearm 3 cm. to elbow joint. The general condition of the injured was poor. He was unconscious. All the injuries were caused by hard and blunt object. The duration was fresh and the injuries were kept under observation. Smt. Shahida Begum 1.30 p.m. A contusion of size 7 x 4 cm. on left side forehead and left temporal region just above eyebrow. The injury was caused by hard and blunt object, it was fresh and simple.;