M. C. Jain, J. - (1.) -The State has challenged the acquittal of four accused-respondents recorded on 2.9.1981 by Sri. B. K. Sharma, the then IIIrd Additional Sessions Judge, Shahjahanpur in S.T. No. 345 of 1980.
(2.) THE deceased was one Akbar Khan and the incident took place on 20.3.1980 at about 1.00 p.m. in Mohalla Bazaria Makku, police station Sadar Bazar, district Shahjahanpur, THE F.I.R. was lodged by Anwar Ali P.W. 1, the same day at 1.45 p.m. He claimed himself to be an eye-witness. THE deceased died of gun shot injuries. Out of four accused-respondents, Ibne Hasan was allegedly armed with gun whereas the three others had country made pistols who opened a volley of shots to put the deceased to eternal sleep. The accused-respondent Mohd. Siddiq is the son of accused-respondent Anwar Khan and the remaining are said to be the associates of Anwar Khan. The deceased resided in Kakra Kalan. There was animosity between him and accused-respondent Anwar Khan as the former had taken a theka of "Setha-Patel" of village Raikhurd through his dummy Maiku Lal. Anwar Khan accused-respondent was also interested in taking that theka. The deceased had also taken theka of 'Setha-Patel' Gram Samaj Kakra Kalan within the municipal limits of Shahjahanpur through Mohd. Wali P.W. 3 in which Anwar Khan accused-respondent was also a bidder. There was yet another cause of enmity between Anwar Khan accused-respondent and the deceased whose houses were adjacent to each other. Anwar Khan rested his chhappar touching the wall of deceased and an altercation took place between the two of this account. However, the residents of the locality had intervened, but Anwar Khan accused-respondent continued to bore grudge and enmity against Akbar Khan. On the date and time of the incident, the complainant Anwar Ali, P.W. 1 started for Bazar Bahadurganj at about 1.00 p.m. from the house of this sasural, where he used to live. The house of Akbar Khan deceased was about 25-30 paces towards south from that house. The complainant saw Akbar Khan coming and the two joined as Akbar was also going to Bahadurganj. The deceased Akbar Khan took the cycle which the complainant was carrying and started pedalling it while the complainant sat on the carrier. When they reached on the rasta in front of the house of Munna Lal Gadaria in Mohalla Bazaria Makku, they saw all the four accused-respondents coming from the other side with the weapons as detailed herein above. Ibne Hasan challenged Akbar Khan crying hoarse that he would be taught lesson of taking contract. On hearing this, the complainant got down from the carrier of the cycle and for his safety climbed over the chabutara in front of the baithak of Munna Lal aforesaid. The deceased was getting down from the cycle by applying brakes and wanted to flee, but in the meantime, Ibne Hasan fired on him. The deceased sustained injury and fell down from the cycle. The complainant's scream went out. Saukat, Budhu, Mohd. Taqi P.W. 2 and Mohd. Wali P.W. 3 reached there. The accused-persons fired shots from their weapons on the deceased. Ibne Hasan came closer to the deceased and fired a shot by putting the mouth of the barrel of his gun in contact with the deceased's body. The deceased fluttered for some time. The witnesses challenged, but the accused persons managed to run away towards the west. Akbar died at the spot.
(3.) IT was in the testimony of Mohd. Taqi P.W. 2 and Mohd. Wali P.W. 3 that they were coming from bazar, when they had seen the accused persons passing in two rikshaws from which they got down near the culvert and proceeded towards west from which side the complainant and the deceased were coming on cycle. After that, these witnesses reached the spot and saw the occurrence. The complainant Anwar Ali P.W. 1 got the report scribed by Mahmood and went to the police station, leaving others with the dead body. The report was lodged and the case registered. The investigation was taken up by Inspector Bhoop Singh P.W. 11. The post-mortem over the dead body of the deceased was conducted by Dr. Satya Pal P.W. 8 on 21.3.1980 at 2.00 p.m. The deceased was aged about 50 years and about one day had passed since he died. Suffice it to say that several gun shot wounds of entry were found on his person with some exit wounds also. The gun shot wounds inter alia were on abdomen, behind right ear and neck. But there was no blackening, charring or tattooing on any one of them. On internal examination, mastoid and occipital bones were found fractured and brain was lacerated. Abdominal walls were perforated. Two wadding pieces and 31 pellets were taken out from abdominal and renal cavity.;