Imtiyaz Murtaza, J. - (1.) Both the above appeals have been filed against the judgment and order dated 31.3.1977 passed by Sri K.N. Endlly Additional Sessions Judge, Kanpur Nagar in Sessions trial No. A-473 of 1975 convicting the appellants under Section 302 read with Section 34 I.P.C. and sentenced them to undergo imprisonment for life.
(2.) The brief facts of the case, as mentioned in the F.I.R. lodged by Sharfuddin alias Munna, are that on 13.9.1975, he was sitting in his Bakery in Mohalla Nazirbagh, Kanpur, Firoz Alam and Mohammad Rafique were also present at the Bakery. His father Kamruddin and Abdul Latif had gone for the repairing of the Sewai machine at the residence of mechanic Panni and they were returning at about 12 O'clock and when they reached in front of the house of Riyasat Ali and Kafeel Ahmad, Habib Ahmad, Niyaz Ahmad, Mehar Ali armed with Iron Rod and Patiya and Sattar, Kalloo and Mahmood also came out and Sattar, Kalloo and Mahmood exhorted, Habib Ahmad, Niyaz Ahmad, Mehar Ali started assaulting his father with Iron rod and Patiya. His father and Latif raised alarm, he alongwith Firoz Alam, Mohammad Rafique and several other persons alongwith Inspector Tevatiya and two constable Ram Ujagar and Gajadhar of police out post Bekanganj reached there. Habib Ahmad was arrested on the spot alongwith Sariya and other accused ran away. His father had received injuries on head and on various parts of body and he was admitted in a Hospital in serious condition.
(3.) G.P. Tripathi, Incharge Statiohn Office P.S. Karnailganj started investigation, Sharfuddin, informant took his father Kamruddiri to UHM Hospital, Kanpur. Dr. S.K. Rastogi on 13.9.1975 at about 12.45 p.m. medically examined him and noted following injuries: 1. Lacerated wound 7 cm. x 11 cm. bone on the upper part of head with fracture of the bone under the injury. 2. Lacerated wound ( semi circular) 21 cm. x 4 cm. x bone deep on the left fronto parietal and occipital region on the left side with commuted fracture of bone. 'Brain matter was coming out. 3. Abrasion 2 cm. x 1 cm. on the right forehead above eye brow. 4. Contusion 3 cm. x 2 cm. on the middle of forehead above medial part of right eye-brow with right black eye/ 5. Bleeding from ear, nose and mouth. 6. Contusion 31/2 cm. x 2 cm. on the left frontal region. 7. Two abraded contusions 23 cm. x 1.5 cm and 22 cm. x 1.5 cm, and 6 cm. apart on the right side back lower part. 8. Contusion 4 cm. x 2 cm. on the right side of back of infra scapular region.;