- (1.) THIS government appeal has been filed against the judgment and order dated 4.12.1984 passed by VIIth Additional Sessions Judge, Meerut in Sessions Trial No.594 of 1983 "State Vs. Intezar and 7 others", under Sections 148, 302/149, 324/149 and 302 I.P.C., P.S. Kithore, District Meerut, acquitting all the accused from the charges framed against them under Sections 148, 324 and 302 read with Section 149 I.P.C.
(2.) THE brief facts relating to the appeal are that report written by Rahat Ali was lodged by Wasiyat in P.S. Kithore, District Meerut on 10.11.1983 at 3:05 p.m. with the allegation that: "Today on 10.11.1983 at about 02:00 p.m. when he was sitting in Varandah of his Baithak along with Momeen, Munnar and Zafaryab talking with each other, named accused Intezar, Israr, Ishtiyak, Muzaffar, Yamin, Bhoorey, Abdul Khaliq and Zakir armed with knives and guns came and started attack in abusing manner that 'Aaj Salo Ko Jan Se Mar Do' and while Momeen was grappled by Yamin, Intezar, Muzaffar, and Ishtiyak given a knife blow by Yamin, Zakir, Abdul Khaliq and Israr grappled him (complainant) and Abdul Khaliq gave a knife blow in his arm while Bhoorey continued to fire saying that whoever comes for rescue, will be fired. Momeen died at the spot and the occurrence was seen by him (complainant), Munauaar and Zafaryab etc."
(3.) AFTER investigation, the charge -sheet was filed and the case was committed to sessions where charges under Sections 148, 302 and 324/149 were framed against Yamin, charges under Sections 148, 302/149 and 324/149 were framed against Intezar, Israr, Ishtiyak, Muzaffar, Zakir and Bhoorey and charges under Sections 148, 324 and 302/149 I.P.C. were framed against Abdul Khaliq. The accused persons pleaded not guilty and claimed to be tried. In order to prove its case, the prosecution has produced Wasiyat, the first informant as P.W. -1, Zafaryab and Munauaar, the alleged eye witnesses as P.Ws. -2 and 4, Dr. S.K. Jain, who conducted post -mortem of the body of Momeen as P.W. -3, Dr. R.C. Jani, who prepared the injury report of complainant as P.W. -5, Constable Chandrapal Sharma, who proved the chick F.I.R. as P.W. -6, Constable Ompal Singh, who proved carrying of body of deceased for post -mortem as P.W. -7 and P.W. - 8 Jamadar Singh, the Investigating Officer. Thereafter statements of accused persons were recorded under Section 313 Cr.P.C. and they produced Mohd. Safi and Constable Kishan Lal as defence witness no.1 and 2.;