Pratyush Kumar, J. - (1.) 17 accused are before us having been convicted in Session Trial No. 174 of 1981 (State v/s. Jabir and others) challenging the correctness of the impugned judgment and order dated 14th October, 1983 whereby respondent No. 1 was convicted and sentenced under Ss. 148 and 302 IPC and punished with two years rigorous imprisonment and imprisonment for life, respectively. Other accused were convicted under Ss. 147 and 326 read with Sec. 149 IPC and punished with one year's rigorous imprisonment and six years rigorous imprisonment respectively.
(2.) In the appeal prosecution version as is unfolded by FIR may be summarised as under: "That on 15th May 1980 at 8.30 p.m. Maksood Ahmad gave a written report stating therein that at that date at about 5.30 p.m. Mohd. Ilias alias Achchhan picked up quarrel with the first informant and his brother Manjoor Ahmad disputing their right of way. In the meanwhile Kamaruddin, Shamsuddin, Jabir, Ahmad Noor, Sabir, Nasim, Wasim, Sajjad, Multamish, Muqtadir, Mohd. Zahir, Salim, Kadir, Ayub, Zakir, who having farmed common object of murdering him and his brother, armed with lathis came at the door of the first informant's house. Ilias alias Achchhan struck one blow of lathi on Manjoor. Raising alarm, both the brothers in order to save themselves, ran towards the house of Maseeuddin. On their alarm Maseeuddin, Afaq Ahmad, Ezaj, Rasool, Fasiuddin, Naseer Ahmad, Khaliq Ahmad, Zaheer alias Nanhe came there warning the accused persons. Magroob came out of his house having armed himself with the licensed gun of his father and fired the gun shot on his brother who sustained gun shot injuries on his face, chest and forearm. Nearby Ram Nath Kori tethering the ox and Afaq lifting his Jhakra were also hit by the gun shot. His brother died. Action be taken against the accused persons."
(3.) On this written report chick FIR was scribed. Case Crime No. 55 of 1980 was registered at police station Patranga, District Barabanki. Requisite entry was made in the general diary. Investigation was initiated. Postmortem examination was conducted on the dead body of Manjoor Ahmad. Afaq Ahmad and Ram Nath were medically examined. After conclusion of the investigation charge sheet was submitted.;