- (1.) The instant appeal filed on behalf of the accused-appellants is directed against the judgment and order dated 31.3.1982 passed by Sri K.K.Singh, the then IInd Additional Sessions Judge, Sultanpur, in Sessions Trial No.245 of 1981 (State Vs. Mohd.Hanif and 4 others) whereby the appellants were convicted and sentenced as under:- Appellant No.1 Mohd.Hanif - under section 302/143 IPC imprisonment for life, under section 148 IPC one year rigorous imprisonment. Appellant Nos.2 to 5 (Nanhey, Buddhu, Nanku & Rafiq) - under section 302/149 IPC imprisonment for life, under section 147 IPC six months rigorous imprisonment.
(2.) In this appeal, facts of the prosecution case may be summarized as under:- That on 25th September, 1980 at 12.30 p.m. at Police Station Lambhua, Immauddeen resident of village Ashrapur, P.S. Piparpur, gave a written report stating therein that he and his brother Nizamuddin had litigation with pattidar about one grove. Nizamuddin used to look after the case on their behalf. For that reason Mohd.Hanif and others bore enmity with him. That day, his brother(s) Nizmuddin and Shahbuddin were going to Sultanpur on cycle to attend the case, when they reached near the canal, situated in 'siwan' of village Mauja Gauhani, Hanif armed with Pharsa, his brothers Nanhey, Buddu, Nankau sons of Shahdutt, Siddiq @ Jumai and Rafiq armed with lathi, ambushed them. Shahbuddin by running saved himself, Nizamuddin was surrounded by the assailants and struck with Pharsa and lathi, who died as a result of those injuries. The occurrence was seen by Nasir Ali, Illiyas, Babu and others. His dead body was lying on the spot, watched by co-villagers. The incident had occurred at 8.00 a.m.
(3.) At this chik FIR was scribed. Case No.310 of 1980 under sections 147, 148, 149, 302 IPC was registered. Investigation was entrusted to SI Baij Nath Ram, who conducted the initial investigation thereafter, investigation was taken over by SI Uma Shanker Misra, the then station officer, P.S. Lambhua, who concluded the investigation and submitted the chargesheet against all the five named accused persons.;