Vishnu Sahai, J. - (1.) SEVEN persons, namely, Lal Mohammad, Samar Bahadur Singh, Ibrahim alias Matau, Rahmat Ullah, Rasool, Muneer and Murtaza were tried by the Special/Additional Sessions Judge, Raibareilly in Sessions Trial No. 407 of 1983 for the offence punishable under Section 302/149, I.P.C. In addition-Lal Mohammad, Samar Bahadur Singh, Rahmat Ullah, Rasool, Muneer and Murtaza were tried for the offence punishable under Section 147, I.P.C. ; Ibrahim alias Matau for that punishable under Section 148, I.P.C. ; Lal Mohammad for that punishable under Section 323, I.P.C., and remaining six for that punishable under Section 323/149, I.P.C. The learned trial Judge vide judgment and order dated 10.9.1984 convicted and sentenced all seven of them to imprisonment for life for the offence punishable under Section 302/149, I.P.C. In addition-he convicted and sentenced Ibrahim alias Matau to two years' R.I. for the offence punishable under Section 148, I.P.C. the remaining six to one year R.I. for that punishable under Section 147, I.P.C. and Lal Mohammad to six months' R.I. for that punishable under Section 323, I.P.C. The sentences of the said persons were directed to run concurrently.
(2.) AGGRIEVED by their convictions and sentences, appellants Lal Mohammad, Samar Bahadur Singh and Ibrahim alias Matau preferred Criminal Appeal No. 725 of 1984 in this Court ; appellant Rahmat Ullah Criminal Appeal No. 726 of 1984 ; and appellants Rasool, Muneer and Murtaza Criminal Appeal No. 727 of 1984. Since these three appeals arise out of a common factual matrix and impugned judgment, we are disposing them of by one judgment. Shortly stated, the prosecution case runs as under : The informant Mohammad Taha (P.W. 1) is the brother of the deceased Dilsher. At the time of the incident, the informant and the deceased were living in village Raja-Ka-Purwa, hamlet of Bhadehara within the limits of police station Mohan Ganj, District Raibareli. At that time, appellants Lal Mohammad, Samar Bahadur Singh, Ibrahim alias Matau and Murtaza were also living in the said village and appellants Rahmat Ullah and Rasool were living in village Chunni-Ka-Purwa and appellant Muneer in village Shiva-Ka-Purwa. At that time, Khalil Ahmad (P.W. 2) was living in the village Tahavvarkha-Ka-Purwa, hamlet of Sarai Mahesh within the limits of police station Jayas, District Raibareli and Mohammad Sharif (P.W. 4) was living in village Peerhi Pure Ram Baksh within the limits of police station Jayas, district Raibareli. It is pertinent to mention that the appellants are inter-connected; appellants Muneer and Rasool are the brothers-in-law of appellant Lal Mohammad and appellants Murtaza, Ibrahim and Samar Bahadur belong to the party of Lal Mohammad. On 9.3.1983 at about 6.00 p.m. while Khalil Ahmad (P.W. 2) was returning on a cycle from village Peerhi, where he had gone to the place of Lekhpal to collect an intkhab (land record) and had reached near the grove of Lalloo on Akelwa-Maharajganj road, accompanied by the deceased Dilsher, who was also on a cycle, he saw appellants Lal Mohammad, Samar Bahadur Singh, Rahmat Ullah, Rasool, Muneer and Murtaza armed with lathies and appellant Ibrahim alias Matau armed with a knife coming. The appellants shouted that it was a good opportunity and thereafter appellants, other than appellant Ibrahim alias Matau, started belabouring Dilsher with lathies. As a consequence of the assault Dilsher fell down. Then appellant Ibrahim alias Matau shouted that he be permitted to take out his eyes. Thereafter, appellant Ibrahim alias Matau stood in front of Dilsher and inflicted a knife blow and took out his left eye. Thereafter, Ibrahim alias Matau also inflicted some more knife blows on Dilsher's person. In the meantime, Khalil Ahmad (P.W. 2) raised cries, whereupon appellant Lal Mohammad inflicted a lathi blow on his person and told him to run away otherwise he would be killed. Hearing the cries of Khalil Ahmad, Mohammad Sharif (P.W. 4) also came on the place of the incident and saw the incident. After assaulting Dilsher the appellants ran away in the eastern direction. Thereafter, Khalil Ahmad proceeded to village Raja-Ka-Purwa, which he reached at about 7.00 p.m. (one hour later) and there informed Dilsher's brother Mohammad Taha (P.W. 1) about the incident. Then, Khalil Ahmad went to village Bhadehara, where he stayed at night at the house of Budhai Lodh. Next morning he returned to his house.
(3.) THE evidence of Mohammad Taha (P.W. 1) shows thus : "On 9.3.1983 at about 7.00 p.m. Khalil Ahmad (P.W. 2) came to his house and informed him that near the grove of Ashwani Kumar at the outskirts of village Dohramau, the appellants had killed Dilsher. On account of fear and anxiety, he did not proceed to lodge the F.I.R. at night. Next morning, accompanied by Lal Mohammad, son of Jumman and Chaubey, son of Shakur, he went to village Madhupur and from there along with them went to the place of the incident, where he found the corpse of his brother Dilsher, from which left eye was missing. He also found the cycle of Dilsher lying nearby. At the place of the incident, he met Mohammad Sharif (Chowkidar) and accompanied by him proceeded to police station Jayas. On the way at bus-stand, he got the F.I.R. scribed by Ashok Kumar and after affixing his signatures on the same proceeded along with it to police station Jayas, where he lodged the same." The evidence of Head Moharrir Ram Avadh Raj (P.W. 5) shows that on 10.3.1983 at about 11.00 a.m. Mohammad Taha came to police station Jayas and lodged his written F.I.R. (exhibit Ka-1), on the basis of which he prepared the chik F.I.R. (exhibit Ka-3) and registered a case vide exhibit Ka-4 in the General Diary.;