- (1.) The instant criminal appeal filed by accused-appellant is directed against judgment and order dated 21st August, 1989 passed by Sri S.K. Pandey, the then Addl. Sessions Judge, Sultanpur in S.T. No. 30 of.1987, State Vs. Jalil Khan and five others, whereby all the appellants were convicted under Sections 302/149, IPC and sentenced to undergo imprisonment for life and further appellants nos. 4, 5 and 6 were convicted under Section 148 IPC and sentenced to undergo rigorous imprisonment for a period of one and a half years. Rests of the appellants were also convicted under Section 147 IPC and sentenced to undergo one year rigorous imprisonment.
(2.) In the present appeal, the facts of the prosecution case are as under :- On 29th March, 1986 at 5.45 p.m., Musa Qasim Khan, r/o Village- Taton Muraini, P.S. Chanda gave a written report at the police station stating therein that on that date he and his father Abdul Samad Khan were going for shoping to Muraini, on the way before minor canal near field of wheat of Mazid at about 4 p.m. they were ambushed by Jalil Khan (armed with spear), Taufiq Khan and Nasir Khan (armed with farsa), Bhullan Khan, Bashir Khan and Akhtar Khan (armed with lathi). On the exhortation of Bashir Khan "salon ko jaan se khatam kar do" they started to beat Abdul Samad Khan with lathi, spear and farsa. For saving his life, the first informant ran towards the village. On his shouting, Ram Das, Munir Khan, Shakur Khan, Kallu Khan, Hafij Khan and many others persons coming from or going to the market came there and intervened. The assailants taking his father to be dead made good their escape. His father sustained many injuries, had two broken teeth and his condition was serious. After writing his report necessary action be taken. At this, chick FIR was scribed, Case Crime No. 63 of 1986, under Sections 147, 148, 149, 307, 323, 324, 325, 504 IPC was registered, requisite entry was made in the report of the general diary and investigation was entrusted to S.I. R.P. Chaudhary. The Investigating Officer immediately started the investigation and recorded the statement of injured Abdul Samad, who was sent for medical examination and treatment to PHC Pratapur Kamecha where doctor after seeing the serious condition of the injured referred him to the District Hospital, Sultanpur, where the injured was admitted, medically examined and treated. When his condition deteriorated he was referred for further treatment at Lucknow. On his way to Lucknow, he succumbed to injuries and died at about 2-2:30 a.m. Thereafter in the said case crime, section 302 IPC was added and investigation was taken over by Ramesh Chandra Dubey, the then Station Officer of P.S. Chanda, who after completing the investigation submitted the charge-sheet against all the accused persons.
(3.) The case was committed to the Court of Session where all the appellants were charged under Section 302/149 IPC separately. Appellant no. 1 to 3 were also charged under Section 148 IPC and rests of the appellants were charged under Section 147 IPC. The appellants denied the charges and claimed to be tried.;