Naheed Ara Moonis, J. - (1.)The aforesaid two appeals are arising out of the common judgment and order passed by the learned Additional Sessions Judge, Court No. 15, Meerut on 15.9.2003 in S.T. No. 49 of 1993 arising out of case Crime No. 113 of 1991, under Sections 302/34 and 307/34 I.P.C. , police station Kithour, district Meerut whereby the appellant Riyasat in Criminal Appeal No. 4496 of 2003 has been convicted under section 302 read with Section 34 I.P.C. and appellant Saleem in Criminal Appeal No. 4977 of 2003 has been convicted under Section 302 I.P.C. to undergo rigorous imprisonment for life and Rs. 10,000/- each as fine and in default of payment of fine to undergo one year simple imprisonment. Both the appellants have been further convicted under Section 307/34 I.P.C. for rigorous imprisonment of five years and Rs. 2,000/- each as fine and in default of payment of fine three months simple imprisonment. Both the sentences were directed to run concurrently.
(2.)The prosecution case in short conspectus is that the complainant Shams Parvez lodged a first information report on 22.4.1991 at 9.20 A.M. at police station Kithour, district Meerut that in the morning he along with his father Mohd. Iliyas, the Chairman of Kithour and his shadow Sarvan Singh, his cousin Arif set out to go to Meerut on Maruti Van as they came on the road his father told that Nizam was also saying to accompany with him, hence he should also be picked up, at this the complainant along with his brother Arif, father and shadow waited at the clinic of Dr. Harish Chandra, his younger brother Qamar Parvez had gone on his vehicle to take Nizam. After some time at about 9 A.M. Riyasat son of Khalil came at the clinic of Dr. Harish Chandra and on seeing the Chairman he pointed out that he is sitting in the clinic today he should be dethroned from the chairmanship. Soon thereafter his son Saleem and Babu son of Sadaqat emerged from the lane having country made pistol and Saleem had fired upon Mohd. Iliyas father of the complainant, which hit on his chest. Babu had also made a fire with intent to kill to the complainant but he narrowly escaped. At the very moment the complainant, his brother Arif and Shadow Sarvan Singh had tried to nab by chasing the accused Riyasat and others shadow Sarvan Singh had also made two fires but Riyasat, his son Saleem and Babu took to their heels towards lane. This incident was witnessed by various persons of his neighboring village besides Latafat, Mehmood and various other persons of his village. The complainant in order to save his father sent him on the same vehicle for treatment at Meerut Hospital and he came to lodge the first information report to take appropriate action. It was divulged by the complainant that enmity is going on account of election of the Chairman with Riyasat and others and 5/6 days ago his father had some altercation with Riyasat, which was told by his father. On the basis of this report a case was registered against Riyasat, Saleem and Babu under Section 307 I.P.C. as case Crime No. 113 of 1991, at police station Kithour, district Meerut on 22.4.1991 at 9.20 A.M. which was entered as Rapat No. 21 in General Diary.
(3.)The case was entrusted for investigation to S.S.I. Sri Anil Kumar Chaudhary P.W. 8. The Chief Medical Officer sent a letter dated 22.4.1991 to the Station Officer. Medical, Meerut that at about 9.50 A.M. the injured who had received firearm injury had succumbed to death. In the letter the deceased name was metioned as Mohd. Iliyas and age 45 years. The S.O. of the police station Kithour, district Meerut arrived at emergency ward of Medical College, Meerut where the inquest of the deceased was prepared and thereafter the dead body was sent along with necessary papers for conducting the post mortem.