Pratyush Kumar, J. - (1.) The instant appeal, filed by the accused -appellants, is directed against the judgment and order dated 20.11.1998 passed by Sri Ashok Kumar, Special Judge/Additional Sessions Judge, Sultanpur in Sessions Trial No. 188 of 1988 [State v/s. Gulam Rasool and six others] under Ss. 147, 148, 149, 323, 324, 506, 307, 302 IPC, P.S. Jamo, District Sultanpur, whereby the appellant Mohd. Shami was convicted under Ss. 148, 323/149, 302/149 IPC and sentenced to undergo rigorous imprisonment of two years, rigorous imprisonment of one year and imprisonment for life and to pay fine of Rs. 10,000/ -, in default thereof to further undergo rigorous imprisonment of three years respectively. Other appellants were convicted under Ss. 147, 323/149, 302/149 IPC and sentenced to undergo rigorous imprisonment of one year on first two counts and imprisonment for life and to pay fine of Rs. 10,000/ -, in default thereof to further undergo rigorous imprisonment for three years respectively. All the sentences were directed to run concurrently.
(2.) In the present matter prosecution case may be summarized as under: "On 22.04.1987 at 11.15 P.M. at police station Jamo one written report of Shamsul Nisha was handed over by Habib and Mohd. Ayub, wherein the first informant had stated that his brother Mohd. Taqui resident of village Pure Hasan, Mauja Harkaranpur, P.S. Jamo, had old enmity with co -villagers Gulam Rasool, Mohd. Gulam, Mohd. Idrish, Mohd. Shamim, Mohd. Anis, Mohd. Abbas and Mohd. Zilani. Those persons intended to murder her brother. On that day her brother had gone to Raebareli, when he was returning at about 5.30 P.M. and reached on bicycle on the public way adjacent to house of Mohd. Ishaque, those persons who were waiting to murder him, started to beat her brother. On alarm raised by her brother, she came running to save him, on that, they also started to beat her. On hearing hue and cry raised there, Mahboob Alam, Mohd. Salim, Mohd. Habib, Wahid Ahmad and other persons of the locality reached there and on warning of the villagers, the accused persons after extending threats ran away towards their houses. Due to injuries her brother became unconscious and fell down on the spot. Accused Salim was armed with ballam and rest were armed with lathis, her brother was in critical condition, she was taking him to nearby hospital at Jayas with the help of villagers, necessary action be taken on her report."
(3.) On this report, chik FIR was scribed, Case Crime No. 43 of 1987 under aforementioned Ss. was registered, requisite entries were made in the report of the general diary and investigation was entrusted to Sub Inspector Sri H.N. Kanojiya, who started investigation and reached the spot. Due to night he could not do anything and in the morning of 23.04.1987 he started the investigation. In the meantime, both the injured were medically examined at Primary Health Centre, Jayas by Dr. Taufiq Ahmad, he found the condition of Mohd. Taqui serious and referred him for better treatment to District Hospital, Raebareli nearer to Jayas. The first informant took the injured to District Hospital, Raebareli by a hired vehicle. The injured reached the District Hospital, Raebareli at about 12.00 to 12.30 AM and admitted into the hospital. After half an hour he succumbed to the injuries and died. Postmortem examination was conducted on his dead body after taking all necessary steps. When this information reached at P.S. Jamo at about 10.35 AM on 24.04.1987 Sec. 302 IPC was added and investigation was taken over by Satish Chandra Tripathi, the Station Officer, Police Station Jamo. Investigating Officer after completion of the investigation submitted the charge -sheet against all the seven accused.;