- (1.) This criminal appeal has been preferred against the judgment and order dated 7.9.1981 passed by Shri Gauri Shankar Nath Tripathi, the then Ist Addl. Sessions Judge, Bijnor in Session Trial No. 530 of 1979 connected with session Trial No. 529 of 1979, convicting and sentencing the appellants Tashreef Ahmad and Sahvan Ali under Section 302/149 I.P.C. to life imprisonment. They were further convicted and sentenced to one year's R.I. under Section 148 I.P.C. and to six months' R.I. under Section 323/149 IPC. The rest of the appellants Munna, Badrudding alias Achhan, Ismail, Ayub, Sajjan, Javed Alam, Achhan and Sabir were convicted and sentenced under Section 302/149 I.P.C. to life imprisonment, under Section 323/149 I.P.C. to 6 months' rigorous imprisonment. All the sentences on all counts were directed to run concurrently.
(2.) The prosecution version as contained in the F.I.R. was that litigation was going on between the complainant Ibne Hasan on one side and Achchan alias Munne, Sajjan etc. on the other. For compromising the matter, it was decided that a Panchayat be held at the Chaupal of the deceased Sakir Hussain, Shabbar, Fareed Mistri son of Allahadiya, Tafsil Ahmad, Qamaruddin alias Bhole son of Aminuddin, Kalifuddin, alias Chunnu son of Azimuddin, Aminuddin alias Munne son of Azimuddin and Raisul Hasan son of Faizal Hasan assembled from one side. From the other side, Sabir Hasan son of Naza Hasan alias Chhote (who posted in Delhi in Police Department), Tashreef Ahmand son of Jamir Ahmad, Sahavn Ali son of Mubarak Hasan, Javed Alam, Munna son of Nazir Hasan, Badludding alias Achchan son of Bundu, Ismial Ayub, Achchan son of Avrarul Hasan and Sajjan were present in the Panchayat. A pertromax was glowing in the Baithak. As the Panchayat started, the members from the side of Achchan asked to withdraw all the cases. In reply, the members from the side of the complainant also said to the accused party to withdraw the case and then only the matter would be settled. On their saying so, heated arguments took place between the parties. At that time, Tashreef went to the house of Sahvan situate in the vicinity and brough Lathies, Ballam and Tabal kept there from before and shouted aloud to teach a lesson to the complainant party in respect of the litigation pending in the court. The members of the accused side took the arms brought by Tashreef. At that time, at about 9.10 O' Clock in the night, the accused Sabir Hasan, Sahavn Ali, Javed Alam, Munna, Badluddin alias Achchan, Ismail, Ayub, Achchan, Sajjan and Tashreef attacked the complainant party with Lathies, Tabal etc. By their assault, some members of the complainant party received injuries and Sakir Hussain, the brother of the complainant fell down on the Chabutara sustaining injuries. Hearing the cries of the complainant party, Ghissu, Chunnu and other persons of the village came there. The accused persons fled away towards western side. Sakir Hussain died on the spot. Quamaruddin alias Bhole, Khalifuddin alias Chunnu, Aminuddin alias Munne and Raisul Hasan also sustained injuries.
(3.) The F.I.R. of the incident was lodged by Ibne Hasan, complainant at the Police Station Nangal, situate at a distance of 4 miles from the place of incident at 2 A.M. on 1.9.1979. The investigation of the case was taken up by PW10 Devendra Singh Tyagi. He was present at the police station when the F.I.R. was lodged. He recorded the statements of complainant Ibne Hasan and Chowkidar Aziz at the police station itself. He proceeded to the place of occurrence. He reached there at 4.10 a.m. in the morning. He found the petromax on the spot, which was glowing. He prepared the site plan and recorded the statement of the witness Shabbir. The petromax was found by him in working order Blood stained and simple earth was also collected by him from the spot. He inspected the dead body of the deceased and instructed Sub-Inspector Raghubir Singh to prepare Panchayatnama etc. The dead body was then sealed and sent for post mortem.;