- (1.) M. Chaudhary, J. Since both the appeals and criminal revision have arisen out of one and same judgment and order dated 30th of May, 2002 passed by ASJ-Fast Track Court No. 3, Meerut in Sessions Trial No. 1211 of 2000, State v. Munnawar and others, all the three have been taken up and heard together and are being disposed of by this common judgment.
(2.) THIS Criminal Appeal has been filed on behalf of the accused appellants from judgment and order dated 30th of May, 2002 parsed by ASJ-Fast Track Court No. 3 Meerut in Sessions Trial No. 1211 of 2000, State v. Munnawar and others, convicting the accused appellants under section 307 IPC and sentencing each of them to four years' rigorous imprisonment and a fine of Rs. 5000. 00 with default stipulation. All the three accused above named were acquitted of the charge levelled against them under section 302 IPC by the impugned judgment. Feeling aggrieved by the impugned judgment acquitting the accused under section 302 IPC State filed the Government Appeal and Shamoon, the first informant preferred revision. Since co-accused Yakub absconded he is being tried separately. Facts of the case as unfolded during trial in nutshell are: Usman, Suleman, Fateh Mohammad and Wali Mohammad were real brothers. Yamin, Shamoon and Yusuf were the sons of Fateh Mohammad. Ibnesaud was the son of Wali Mohammad. Anwar, Sannawar, Ashraf, Yusuf, Yakub, Akbar Ali and Munnawar were real brothers being sons of Khuda Bux. Shamshad and Qasim were the sons of Sannawar. Zuber is the son of Munnawar. Akbar Ali, brother of Munnawar was murdered some three years ago and in that murder Usman, Suleman, Ibnesaud and Fateh Mohammad were named as the assailants. Thereafter Shamshad, brother of Qasim and nephew of Munnawar was murdered on 8th of January, 2000 and in that murder Usman, Suleman, Yusuf and one Wahid were named as the assailants, In that murder case Yusuf, son of Fateh Mohammad was in jail. Yamin, son of Fateh Mohammad was also murdered. In the forenoon of 20th of May, 2000 Shamoon alongwith his father Fateh Mohammad and tau Wali Mohammad came from village Bisaula by bus for Civil Courts Meerut in pairvi of their case and alighted from the bus at Mawana bus stand (private) and proceeded for the Civil Courts. At about 11:15 a. m. as they stepped about 20-25 paces and reached in front of the office of Sardhana Bus Union Yaqub, Munnawar Qasim and Zuber armed with country made pistols met them and all the four fired-at Fateh Mohammad with countrymade pistols. Immediately Shamoon and Wali Mohammad retreated towards Sardhana Bus Stop raising hue and cry and took side of a bus standing there. After firing at Fateh Mohammad all the four assailants ran away. Receiving fatal firearm injuries Fateh Mohammad fell down. Immediately Shamoon and Wali Mohammad taking Fateh Mohammad in a rickshaw went to Jaswant Rai Hospital where injured Fateh Mohammad was admitted by his son Shamoon at 11:30 a. m. Then Shamoon himself scribed report of the occurrence and went to police station Meerut Civil lines situate at a distance of about two furlongs from the place of occurrence and handed over written report of the occurrence to the police there at 12. 05 noon promptly. The police registered a crime against the accused and made entry regarding registration of the crime in GD.
(3.) INJURED Fateh Mohammad was medically examined by Dr. Anil Kapoor, Surgeon which revealed below noted injuries on his person: 1. Lacerated wound 2 cm x 1 cm x depth not probed with inverted margins on right side of chest 8 cm from right nipple at 2 O'clock position, fresh bleeding present. Tattooing also present in an area of 17 cm x 4. 5 cm. 2. Tattooing present in an area of 9 cm x 3 cm without any wound over right side neck obliquely and vertically starting at the level of mastoid process and 4 cm. posterior thereto. 3. Lacerated wound 5 cm x 2 cm x depth not probed with inverted margins on left side of face 2 cm below left eye fresh bleeding present. Tattooing present around the wound in an area of 6 cm x 5 cm. 4. Lacerated wound 3 cm x 1 cm x depth not probed with inverted margins on back of left hand 13 cm below left acromion process, fresh bleeding present. Tattooing present in an area of 4 cm x 3 cm around the wound. 5. Lacerated wound 1 cm x 1 cm x depth not probed with inverted margins over anterior lateral side of left forearm, fresh bleeding present. Lacerated wound 4 cm x 2 cm x depth not probed with inverted margins on right scapular region 7 cm from post auxiliary line, fresh bleeding present.;