MOHARRAM ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) Initially this appeal has been filed against the judgment and order dated 26.08.1982 passed by IX Addl. Sessions Judge, Sitapur, convicting the appellants under Sections 147/ 323/ 149/ 304 IPC and sentencing to each of them for R.I. of 1 year under section 147 IPC, 1 year under Section 323/149 IPC and 5 years u/s 304/149 IPC (to run concurrently) in Session Trial No.337 of 1980 by following accused persons :-

(2.) Brief facts necessary for disposal of this appeal are that the complainant Nisar Khan S/o Sarfaraj Khan R/o Village - Khirihi, Police Station - Tambaur, District - Sitapur had submitted a oral information before the police concerned to the effect that in front of his house there is a Well of Moharram Ali S/o Ali Hussain, however the said Well is used for drawing water by the complainant and his family members as well. There was some dispute between the son of the complainant and the son of Moharram Ali, due to which Moharram Ali restrained the complainant and his family members from taking water from the said Well. However, the matter was pacified in the evening. When the complainant went to draw water from the said well, accused Moharram Ali having Lathi in his hand called his brother Subedar and stated that the complainant had again come to draw water, so let us see him, whereupon the brother of Moharram Ali, namely, Subedar Khan, his son Maqbul Khan, Rajjak Khan, Sirtaj Khan S/o Asgar Khan, Jabbar Khan S/o Rajjak Khan, Nausa Khan S/o Majhar Khan and Mobrey Khan S/o Nausa Khan and Nazir Hassan Khan S/o Mehdi, Jhaggu Khan S/o Magal Khan, Puttu S/o Chhabi Lal Goriya helping each-other came with Lathi in their hands and started beating and cordoned the complainant and his family members and inflicted injuries with Lathi. When the complainant raised alarm, his real brother Tulla Khan, cousin brother Bechan Khan and one Ahmad Khan came to his rescue. All were beaten with Lathi. When they raised alarm, witness Saddique Khan S/o Rahaf Khan and Wiswanath S/o Chamar Prasad Gosai, Nirhau Khan S/o Ram Chanran Bhurji and other co-villagers came there and restrained them, then the accused persons left the scene of occurrence. It was further stated that due to the incident, Tulla Khan, Bechan and Ahmad Khan sustained injuries of Lathi. Ahmad Khan became unconcious. After arranging a bullock cart, Ahmad Khan alongwith other injured were taken to police station for lodging the F.I.R. On this information, chick F.I.R. was prepared. As per F.I.R. the incident had taken place on 19.10.2017 at about 8.45 and entry to this effect was made in GD report No.13 on 20.10.1977 at about 8.40 being Case Crime No.173, U/s 147/ 323/ 304 I.P.C., Police Station - Wambaur, District - Sitapur. Injured persons were sent for medical examination. Their injuries were examined on 20.10.1977 in the evening. They were having following injuries:

(3.) During trial, on behalf of prosecution PW.1-Nisar Khan, PW.2-Tulla Khan, PW.3-Vishwanath, PW.4-Siddhiq Khan, PW.5-Shiv Pratap Singh, S.I., PW.6- Gayasuddin Beg (Constable) PW.7- Dr. H.K. Kulshreshtha were examined.