- (1.) AMAR Saran, J. This criminal appeal arises out of the judgment and order of the learned IVth Additional Sessions Judge, Ghaziabad in Sessions Trial No. 101 of 1980 dated 2-12-1981. By this judgment the learned Sessions Judge held the appellant Nazruddin guilty of an offence under Section 302 I. P. C. and sentenced him to undergo imprisonment for life. Under Section 148 I. P. C. Nazruddin was awarded R. I. for a period of two years' and under Section 323/149 I. P. C. he was sentenced to one year's R. I. The appellant Shahbuddin was sentenced to undergo imprisonment for life under Section 302/149 I. P. C. , to undergo R. I. for 18 months for an offence under Section 147 I. P. C. and to undergo R. I. for one year under Section 323/149 I. P. C. All the sentences of both the appellants were ordered to run concurrently. The third accused Chuttan who has been charged under Sections 147, 323/149 and 302/149 I. P. C. was acquitted. Briefly stated the prosecution story was that the informant Bhullan Khan who was originally a resident of village Naithala was married to one Asso who was the daughter of Bundu mistri resident of village Tilpata. For the last 30 years alter ins marriage Bhullan Khan had been residing in his 'sasural' in village Tilpata and was looking after the cultivation of his father-in-law, Bundu, who had no other issue, other than Asso. Before his death, Bundu executed a will bequeathing all his properties in favour of his daughter Asso. However, Nazruddin and Shahbuddin who were nephews of Bundu and Chuttan who was the brother of Bundu were resentful of this disposition of Bundu's property in favour of Asso on the basis of the will and consequently Nazruddin and Shahabuddin had filed a case in respect of that property which had ended in favour of Asso and Bhullan.
(2.) IN the morning of 27-11-1979 at about 11. 30 a. m. the testator's son-in-law, Bhullan and Bhullan's son Nazar Mohammad were ploughing their field and were planting wheat there. The deceased Ajmeri was also helping them in these agricultural operations. At that time, the appellants and the acquitted accused Chuttan accompanied by 5 or 6 unknown persons arrived there carrying lathis and spears. Appellant Nazruddin was armed with a single barrel gun. Appellants Nazruddin and Shahabuddin are said to have given out a cry that they would teach a lesson to the prosecution party for ploughing the field. They, then began plying lathis on the informant Bhullan Khan and his son Nazar Mohammad and all of a sudden Nazruddin fired his gun at Ajmeri, which struck him. He fell on the spot and died within a short while. On the alarm raised by the informant and others Nabbu, Shabbir and Satram arrived at the place of incident. On seeing the witnesses the appellants Nazruddin and others ran away towards the west. The informant then proceeded to the Police Station Dadri, which was one and half miles away, and lodged a report on the same day at about 12. 40 p. m. The injured Nazar Mohammad and Bhullan Khan were medically examined by Dr. M. P. Singh P. W. 4 at the Government Hospital at Dadri on 27-11-1979 at 1. 20 p. m. and 1. 40 p. m. respectively. The post mortem on the body of the deceased Ajmeri was conducted by Dr. M. K. Goel P. W. 8 on 28-11-1979 at 4 p. m. The investigation in this case was conducted by S. I. D. N. Verma, PW 6, who submitted a charge sheet on completion of the investigation.
(3.) THE appellant Nazruddin was charged under Sections 148, 323 read with 149 and 302 1pc, and charges were framed against the appellant Shahabuddin, and the acquitted co-accused Chuttan under Sections 147, 323 read with Sections 149 and 302 read with Section 149 IPC by the learned Sessions Judge, Ghaziabad on 22- 1-1981. At the trial the prosecution examined 9 witnesses in all. Out of them P. W. 1 Bhullan Khan, P. W. 2 Nazar Mohammad and P. W. 3 Nabbu were examined as eye witnesses. Of these eye witnesses, P. W. 1 Bhullan Khan and P. W. 2 Nazar Mohammad were injured. The inquest on the body of the deceased was conducted by P. W. 5 Balbir Singh and P. W. 6 D. N. Verma. PW 4 Dr. M. P. Singh examined the injuries of the two injured and PW 8 Dr. M. K. Goel conducted the post mortem examination on the body of the deceased Ajmeri and PW 9 C. Charan Singh carried the dead body for post mortem examination. The documentary evidence consisted of the written report (Ext. Ka-1), seizure memo in respect of the blood stained clothes of Nazar Mohammad, (Ext. Ka-2), injury reports of Nazar Mohammad and Bhullan (Exts. Ka-3 and Ka-4), inquest report (Ext. Ka 5), photo lash (Ext. Ka-6), challan lash (Ext. Ka-7), report of R. I. (Ext. Ka-8), reports to the CMO, Bulandshahr (Exts. Ka-9 and Ka-10), Seizure memo of blood stained and plain earth (Ext. Ka-11), and Fards of two lathis found on the spot (Ext. Ka-12), site plan (Ext. Ka-13), Charge-sheet (Ext. Ka-14), Chik FIR (Ext. Ka-15), copy of G. D. Entry (Ext. Ka-16), copy of earlier FIR by Shabbir (Ext. Ka-17), post mortem report (Ext. Ka-18 ).;