- (1.) M. C. Jain, J. Three persons, namely, (i) Israr son of Mohammad Ali, (ii) Jabir son of Israr and (iii) Riyazul son of Dalsher were tried in Sessions Trial No. 408 of 1980 before the IX Additional Sessions Judge, Etah. Israr came to be convicted under Section 302 I. P. C. for the murder of one Huddan and also under Section 323 read with Section 34 I. P. C. Life imprisonment was awarded to him under Section 302 I. P. C. and six months rigorous imprisonment under Section 323 read with Section 34 I. P. C. The remaining two Jabir and Riyazul were convicted under Section 302 read with Section 34 I. P. C. and also under Section 323 I. P. C. Life imprisonment was awarded to them for the former offence and rigorous imprisonment for six months for the latter. Both the sentences were ordered to run concurrently. All these three persons preferred this appeal against their conviction and sentences. Appellant No. 1 Israr came to be murdered during the pendency of this appeal on 8-10-1984 and the appeal in respect of him abated as per order dated 4-5-2004.
(2.) PRESENTLY, therefore, the Court is concerned with the remaining two accused appellants Jabir and Riyazul. The facts may be stated briefly. The incident took place on 5- 12-1979 at 8. 30 a. m. in village Bhargain of P. S. Aliganj, District Etah and the F. I. R. was lodged the same day at 1. 15 p. m. by Iqbal Khan PW 1 (eye- witness ). One Huddan was murdered in the incident and hurt was caused to Iqrar PW 2. The allegations were that on the fateful day and time, the first informant Iqbal and his brothers Huddan and Iqrar were going to irrigate their field. Huddan and Iqrar were a little ahead being followed by Iqbal. When they reached near the Chaupal of Rahimuddin Khan, accused appellant Israr, his son Jabir and Riyazul emerged from their hiding by the side of the shop of Murtaza Lala and commanded them to stop. Jabir and Riyazul started assaulting Iqrar with lathi and pharsa. Jabir was armed with a pharsa whereas Riyazul had a lathi. Israr had a gun. Israr held out that revenge would be taken as his son had been earlier beaten up by them. Huddan came forward to save Iqrar, but Israr opened fire on him which hit him. Iqrar also sustained injuries. The shouts attracted Nawab Ali and Ali Ahmad PW 3 who were also going to their fields to irrigate them. The accused appellants ran away. Iqbal PW 1 got report scribed by Zabar Ali and took Huddan and Iqrar on the bullock card to the police station. The report was lodged at the police station. Iqrar and Huddan were sent for medical examination. The condition of Huddan was serious. Initially, the case was registered under Section 307 I. P. C. but was converted under Section 302 I. P. C. consequent upon the death of Huddan in Agra on 8-12-1979. The case was investigated by S. I. Jiraj Singh PW 8. Ultimately, the accused appellants were booked for trial. It would be relevant to state here that initially the injuries of Huddan were examined by Dr. Chhotey Singh PW 7 in P. H. C. , Aliganj on 5-12-1979 at 2. 12 p. m. Three gunshot injuries were found on his person. Out of them, the first one was on abdomen on the left side. It was dangerous to life. Injury No. 2 was on the medical and upper part of injury No. 1 and third one was on upper part and outer aspect of left forearm, corresponding to injury No. 1.
(3.) IQRAR was medically examined by the same Doctor on 5-12-1979 at 2. 35 p. m. and the injuries found on his person were a lacerated wound on the left side of skull; abrasion with traumatic swelling on the back and upper part of right forearm; double line contusion on the back and lower part of the left arm and contusion on outer aspect of the left shoulder front. First and third injuries were kept under observation and X-ray was advised. The rest were simple. No X-ray was subsequently taken or produced, meaning thereby all these injuries turned out to be simple. They were caused by blunt object. Huddan having died at Agra, his inquest report was prepared by S. I. Karan Singh PW 6 there. The formal proof of the post-mortem report was dispensed with by the defence. Suffice it to say that he died of fire-arm injuries sustained by him. He was aged about 38 years.;