JAMSHED KHAN Vs. STATE OF U P

JUDGEMENT

(1.) PRESENT criminal appeals are directed against the judgment and order dated 11.08.1995 passed by Sessions Judge, Saharanpur in Sessions Trial No.299 of 1990 under Sections 148, 302 read with Section 149 and 307 read with Section 149 of the IPC, convicting and sentencing the appellants to undergo imprisonment for life u/s 302/149 I.P.C., one year rigorous imprisonment u/s 148 I.P.C. and 5 years rigorous imprisonment u/s 307/149 I.P.C. and all the accused persons except Sultan Khan, Irshad Khan and Inamulla have also been sentenced each to pay a fine of Rs.5,000/ - u/s 302/149 I.P.C. and to a fine of Rs. 1,000/ - u/s 307/149 I.P.C., and in default of payment of fine to further undergo imprisonment for one year under the former and for six months under the latter. The accused Sultan Khan, Irshad and Inamulla have been sentenced each to a fine of Rs. 1,000/ - u/s 302/149 I.P.C. and Rs. 500/ - u/s 307/149 I.P.C. and in default of payment of fine they shall undergo rigorous imprisonment for one year and six months respectively on the two counts.

(2.) PROSECUTION story as has been unfolded in the present case by Mahmood Khan is to the effect that on 30th September, 1989 at about 8 AM when Mahmood Khan, PW -1, and his sons Saud, Maud, Mansoor Khan and Wadood Khan along with one Amil son of Sadiq were proceeding towards the outskirts of town Deoband on one cart driven by Wadood Khan, while Mashook Ali Khan and Fateh Mohd. Khan @ Chajjoo Khan were also going with them on another cart, driven by Mashook Khan, when they reached near the gher of Yunus Khan, at Mohalla Pathanpura, town and police circle Deoband, accused Sultan Khan, Akram Khan, Yasin Khan, Irshad, Dilawar @ Kallu and Jamshed Khan armed with Palkarties, Munafait Khan, Anwar, Ismile, Yamin and Inamullah armed with country made pistols, and Nafasat Khan @ Naffo armed with gun, came out of the aforesaid gher and climbed upon the two carts, assaulted Mahmood Khan and others with their aforesaid weapons with an intent to kill them. Fateh Mohd. Khan died at the spot, Mansoor Khan and Maud Khan tried to run away after getting injured but fell down at a distance and died. Saud, Mashook and Amil also received serious injuries while Mahmood Khan and Wadood Khan saved themselves by jumping down from the cart. The he -buffalo pulling the cart was also injured. Later on Mahmood Khan, Wadood Khan and Manjoor Khan took Saud, Mashook and Amil to the hospital at Deoband. Saud died soon after reaching the hospital.

(3.) IT was also mentioned that Mashook Khan and Amil have suffered serious injuries and in case informant would not have run away from the spot and would not have saved himself he also would have been killed. The body of Fateh Mohd. Khan as well as of Mansur Khan and Maud Khan are lying on the spot and Fateh Mohd. Khan has been killed in front of gher of Yunus Khan and the other two in the lanes and the said incident in question has been witnessed by Iliyas Khan, Yaseen Khan, Abdul Rauf Khan and Masood Khan. Thereafter, Mahmood Khan has lodged typed written report at police station Deoband on the same day at 8 AM that lies at the distance of 3 furlongs from the place of incident. On the same day Dr. Arvind Goel posted at Primary Health Center Deoband has examined Mashook Khan at 8.30 AM and Amil at 9.20 AM and the injuries found on their body are as follows;