M.Chaudhary, J. - (1.) This is a government appeal filed on behalf of State of UP from the judgment and order dated 17th of March 1981 passed by III Additional Sessions Judge, Etah in Sessions Trial No. 192 of 1979 State v. Krishan Pal Singh @ Baba & others acquitting them of the charges levelled against them under Sections 147 and 148 IPC and Sections 302, 307 and 324 each read with Section 149 IPC.
(2.) State appeal against accused respondent No. 3 Ashraf stood abated vide order dated 2.5.05 as he was reported having died.
(3.) The facts giving rise to this appeal in nutshell are that Fateh Mohammad, Nazim, Mohd Tahir and Mohd Qasim were real brothers; that house of Fateh Mohammad and that of Ashraf son of Latafat Husain were situate adjacently at Mohalla Nawab; that Rs. 252. 00 were due from Ashraf to Nazim ; that at about 10:00 a.m. on 19th of March, 1978 Nazim went to the house of Ashraf for demanding money due from the latter; that at that time Krishan Pal Singh @ Baba, Abdul, Arshad, Shaukat, Iqbal and Zabbar were also present there; that immediately Iqbal, Zabbar and Krishan Pal Singh @ Baba shouted that they had killed his another brother and then he should also be put to an end and immediately Krishan pal Singh @ Baba gave a knife blow to Nazim hitting him at his abdomen; that Fateh Mohammad who also went with his brother Nazim tried to save him; that then accused Abdul, Arshad, Shaukat, Zabbar and Iqbal caught hold of Fateh Mohammad and Ashraf gave him knife blow hitting him at his hand. On hearing the hue and cry raised Mohd Tahir, elder brother of Fateh Mohammad, Matin, Khalil, Munney Khan, Mahmood Khan and few others rushed to the scene of occurrence and intervened. Immediately injured Fateh Mohammad and his seriously injured brother Nazim were taken to the police station and since the condition of Nazim was quite precarious they were immediately sent to PHC Kasganj for treatment. Injured Nazim was medically examined by Dr K.S. Yadav, Medical Officer in-charge Primary Health Centre Kasganj at 10: 30 a.m. the same forenoon. His medical examination revealed below noted injury on his person: Stab wound 2 cm x 1 cm x chest cavity deep on left side just lateral lower aspect 15 cm outer to pit of stomach and 16 cm below and outer to left nipple spindle shaped. Blood was oozing from the wound. Margins clean cut. The doctor opined that the injury was fresh and caused by sharp edged and pointed weapon. Blood pressure was very low, pulse feeble and face restless. The patient was in senses.;