- (1.) BY the Court. -This criminal appeal has been preferred against the judgment and order dated 7 -9 -1981 passed by Shri Gauri Shankar Nath Tripathi, the then 1st Addl. Sessions Judge, Bijnor in Sessions 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 month's R.I. under Section 323/149 IPC. The rest of the appellants Munna, Badruddin 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 month's rigorous imprisonment and under Section 147 IPC to 6 month's 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. The complainant Ibne Hasan, Sakir Hussain, Shabbar, Fareed Mistri son of Allahadiya, Tafsil Ahmad, Qamaruddin alias Bhole son of Aminuddin, Khalifuddin 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 aliasChhote (who was posted in Delhi in Police Department), Tashreef Ahmad son of Jamir Ahmad, Sahvan Ali son of Mubarak Hasan, Javed Alam, Munna son of Nazir Hasan, Badluddin alias Achchan son of Bundu, Ismail Ayub, Achchan son of Avrarul Hasan and Sajjan were present in the Panchayat. A petromax 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 cases 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 brought 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 the time, at about 9.10 O' Clock in the night, the accused Sabir Hasan, Sahvan 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. Qamaruddin alias Bhole, Khalifuddin alias Chunnu, Aminuddin alias Munne and Raisul Hasan also sustained injuries. The F.I.R. of the incident was lodged by Ibne Hasan, complainant at the Police Station Nangal, situated 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 P W 10 Devendra Singh Tyagi. He was present at the police station when the F.I.R. was lodged. He recovered 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.
(3.) THE post -mortem examination was conducted by P W 3 Dr. R.K. Nigam on 1 -9 -1979 at 4.45 p.m. He found that the deceased was aged about 30 years and a day had passed since he died. He found the following ante -mortem injuries on the dead body of Shakir Hussain, deceased. 1. Lacerated wound 7 cm x 1 cm x bone on the right side of head 11 cm above the right ear. On exposing, clotted blood was present in the scalp and the underlying right parietal bone was fractured. The meninges and brain substance were lacerated and the clotted blood was present on them. The right middle cranial fossa was fractured. 2. Lacerated wound 3 cm x 1 1/2 cm x bone in the middle of occipital region of the head. On exposing, clotted blood was present on the meninges and brain substance. 3. Contusion 4 cm x 2 cm on the back of right elbow. 4. Contusion 3 cm x 3 cm on the back of left elbow. 5. Contusion 4 cm x 2 cm below the right eye. 6. Contusion 4 cm x 2 -1/2 cm on the right hip bone on lateral aspect, 2 cm below iliac crest. 7. Abrasion 1 1/2 cm x 1 1/2 cm in the middle of back in lumbar region in middle. ;