- (1.) VINOD Prasad, J. This appellants Maksood, Manzoor, Maqbool and Jahangir in Criminal appeal No. 1486 of 1982 and appellant Nazeem (since dead) in Criminal appeal No. 1515 of 1982 have challenged their convictions under Section 302/149 and 147, IPC, recorded by III Additional Sessions Judge, Ghazipur in S. T. No. 335 of 1980, State v. Maksood and Ors. , relating to P. S. Saidpur, District Ghazipur, vide his impugned judgment and order dated 27-5-1982. Since both the above appeals are related with the same Sessions Trial, hence they have been clubbed together and are being disposed off by this common judgment.
(2.) SO far as Criminal Appeal No. 1515 of 1982, Nazeem v. State of U. P. , is concerned, the same has been abated vide order dated 20-4-2007, as the sole appellant in the aforesaid appeal had died vide the fax of C. J. M. , Ghazipur dated 21-2-2007, which is attached with the record for the said Criminal Appeal. The prosecution allegations against the appellants are that the house of informant Rozan is adjacent to the house of his cousin brother Mannan whose house is adjacent to the house of Jahangir in village Chak Hasan, Mohalla Lachhipur, P. S. Saidpur, District Ghazipur. On 23-7-1980 at about 11 a. m. a stray dog entered into the house of Jahangir and after jumping over the boundary wall entered into the house of Maksood, a distant relative of Jahangir and licked 15 kg. of flour which became useless for human consumption Maksood and others got infuriated because of the aforesaid loss and there was a triadic altercation between the family members of Maksood and Mannan who were pacified by co-villagers. Isahaq deceased was a mason who had gone on his work in the day and had returned in the evening on that day. He was going to purchase tobacco at the shop of Kedar Teli at about 8. 30 p. m. and when he reached near the door of Nazeem (appellant whose appeal has been abated) uncle of Maqsood he inquired from Nazeem as to why an altercation in noon ensued on a very patty matter. On inquiring heated vituperated altercation started between the deceased and Nazeem uncle of Maksood. From the side of Nazeem, Maksood, Maqbool, Manzoor and Jahangir (four appellants in Criminal Appeal No. 1486 of 1982) who are the relatives of Nazeem reached at the spot and caught hold of Isahaq deceased. Emanated shouts attracted informant Rozan, Amzad, injured Manna etc. at the spot. Meanwhile, Nazeem aforesaid (dead appellant) picked up a knife from his door and hurled it, as a result of which Isahaq deceased received injury on his neck and blood started flowing from the said injury. Isahaq firstly sat down and soon thereafter fell down because of the sustained injury. Amzad in an attempt to save Isahaq also sustained injuries. Accused persons took to their heels towards south. Injury of Isahaq was tied with a cloth and arrangement was being made to transport him to the hospital when Isahaq scrummed to his injury. Informant scribed the FIR and covering a distance of two miles east lodged it at P. S. Saidpur, District Ghazipur as Crime No. 179 of 1980 under Sections 147, 148, 149 and 304 IPC at about 11. 45 p. m. that very day. Ayodhya Prasad Sharma P. W. 5 on the basis of scribed FIR Ext. Ka-1 prepared the chik FIR Ext Ka-4 and GD entry Ext. Ka-5. Prem Shankar Dwivedi the Station Officer P. W. 10 commenced the investigation and recorded the statement of the informant at the police station and then proceeded for the spot picking up sub Inspector B. N. Pathak and other constables form the way. Because of non-avilability of sufficient light he deferred the inquest on the dead-body. He was informed that the injured had gone for medical examination and therefore, he recorded the statements of the witness Mannan and inquired about the incident from the neighbours. Next day morning he conducted the inquest on the dead- body of the deceased and prepared other relevant papers and then dispatched the body through constable Lallan Prasad P. W. 6 and Anurudha Prasad for being carried to the mortuary for the purpose of post-mortem examination. He also prepared site plan Ext. Ka-6. He also recovered the bloodstained weapon of assault (Ext. 1) and prepared it recovery memo Ext. Ka-9. He also recovered bloodstained and plain earth and prepared its recovery momo Ext. Ka-10 and blood stained shoes Ext. Ka-11. He had proved the bloodstained knife, shoos as material Ext. 4,5 and 1. Further investigation into the crime was conducted by Karam Husain P. W. 7 who after completing the investigation submitted a charge-sheet Ext. Ka-7 in the Court against the appellants.
(3.) ACCUSED persons were summoned by the C. J. M. , Ghazipur and were committed to the Court of Sessions for trial. III Additional Session's Judge, Ghazipur framed charges against them under Sections 147, 148, 302/149 IPC on 17-1-1981. Additional charge was framed against them under Section 307/149 IPC on 14-8-1981 by the trial Judge. All the charges were denied by the accused persons who claimed to be tried. To prove its case during the trial persecution examined 15 witnesses. Rozan P. W. 1 (informant) Amzad P. W. 2 (real brother of Mannan eye-witness) are the witnesses of fact. Kanhaiya Krishna Srivastava P. W. 3 (who conducted the post-mortem), Dr. Ram Vilash Dubey P. W. 4 (who examined the injuries of the injured), Ayodhya Prasad Sharma P. W. 5 (who prepared the FIR and GD), Lallan Prasad (who carried the dead-body to the mortuary), Karam Husain P. W. 7 (IInd I. O.), S. N. Misra P. W. 8 (clerk who send the material Exts. For Forensic Science examination), Bhola Nath P. W. 9 (who had booked the material Exts for Forensic Science Laboratory at the Railway Station), Prem Shankar Trivedi P. W. 10 (Ist I. O.), Sub- Inspector Brahmanand Pathak P. W. 11 (who conducted the inquest on the dead-body), Sadhu Singh Head Constable Moharrir P. W. 12 (who had received material Exts. at the Police Station ). Ram Pyare Gupta P. W. 13 (who had deposited the material Exts at Sadar Malkhana Ghazipur), Ramdeo Ram P. W. 14 and Ram Chandra P. W. 15 (who had brought the material Exts to the police station) are the formal witnesses.;