Mukteshwar Prasad, J. - (1.) This Criminal Appeal at the instance of four Accused has been filed against judgment and order-dated 23.6.1981 passed by the then Additional Sessions Judge, Etah in S.T. No. 611 of 1978 whereby two accused Choon Choon Pahalwan and Mukhtyar were convicted under Section 148 I.P.C. and sentenced to suffer rigorous imprisonment for a period of 1 1/2 years Accused Mohammad Jafar and Gulaam Jafar were found guilty under Section 147 I.P.C. and were directed to undergo rigorous imprisonment for a period of one year. All the four accused were convicted under Section 307 read with Section 149 I.P.C. and were directed to undergo rigorous imprisonment for a term of seven years. All the sentences of each of the accused were directed to run concurrently.
(2.) In brief, the facts of the prosecution case were as under: Late Mohammad Qasim Khan handed over a written report at Police Station Kasganj on 6.11 1975 at 10 p.m. and local police registered a case at Crime No. 819 against the appellants and four others. It was alleged in the report that informant's brother Fateh Mohammad had his milk shop in the street known as Manautha in town Kasganj. He had a timber sheo also in the same street at a distance of about 10-15 yards. He used to keep Kulhar (earthen pot) at his timber shop.
(3.) On 6. 11 1975 at about 935 p.m. Fateh Mohammad, went to his timber shop to briny Kulhar When he reached the platform of timber shop, he was attacked upon all of a sudden and Mohammad Jafar, Iqbal and Ashfaq caught hold of him. Accused Choon Choori Pahalwan and Mukhtyar attacked upon him with knives and Kishore Pal exhorted them to kill. After sustaining knife injuries, Fateh Mohammad raised hue and cry, which attracted his brother Najzirti, and Qasim Accused Khalid fired two shots as Nazim, Nazim received gun shot injuries and fell down Again Fateh Mohammad raised alarm and several witnesses including Eiaboo, Shaukai, Iqbal, Anwar and others arrived there and saw the incident. Gulam jafar and others were also accompanying Khalid but they were not known to the informant by name. There was long standing enmity between the parties.;