HAIDER ALI AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal arises out of impugned judgement and order dated 30.07.2010 passed by the Additional Sessions Judge, Court No.1, Gorakhpur in Sessions Trial No. 47 of 2007, convicting the accused-appellants, Haider Ali and Zunaid Alam under Sections 302/34 and 307/34 of IPC and sentencing them to undergo life imprisonment and a fine of Rs. 5000/- and five years rigorous imprisonment with a fine of Rs. 2000/-, in default of payments of fine, to undergo three months additional rigorous imprisonment each with a direction that both the sentences shall run concurrently.

(2.) In the present case, name of the deceased is Jahoor Ali. It is alleged that on 9.11.2006 when Haidar Ali was grazing his cattle, cattle of complainant party also followed his cattle, there was some altercation between the two families and there, it is alleged, accused-appellants caused injuries to Jahoor Ali, Naimunnisha (P.W.2) and Mehtab Alam (P.W.1) with spade and axe. Injured Jahoor Ali was taken to hospital but on the way, he expired.

(3.) Inquest on the dead body of deceased was conducted on 9.11.2006 vide Ex.Ka-2. Medical examination of Naimunnisha (P.W.2) and Mahtab Alam (P.W.1) was conducted by Dr. R.S. Singh (P.W.6) vide Exs. Ka-6 and Ka-7 respectively. Post-mortem on the body of deceased was conducted on 10.11.2016 by Dr. S.M. Rai (P.W.4) vide Ex.Ka-5.