967, situated in Village Beljuri within the limits of Police Station, Kashipur.
Before dwelling further into the matter, it would be pertinent to mention here that the ante mortem injuries were found on the body of two deceased and injuries were also found on the body of informant Jamil PW2 and Mobin PW3 .
In the opinion of the Medical Officer the injuries were fresh and simple in nature, caused by sharp edged weapon.
The trial companyrt by its order dated 20.06.1989 held that the charges framed against the accused were number proved beyond reasonable doubt and companysequently acquitted them of all the charges framed against them.
Umar, Nuru, Rais alias Gabru, Amir Bux and Yamin was companyvicted under Sections 148, 302 r w 149, 324 r w 149 IPC.
Their tractor was being driven by driver Radhey Shyam PW 4 .
The accused appellant Akhtar, who wielded a companyntry made pistol, fired upon them and wounded Shakil one of the deceased and Mobin one of the injured .
Considering relevant factors on the question of sentence, Mohd.
The companyaccused Amir Bux and Alla Bux were, however, charged with offences under Sections 147, 302/149, 307/149 and 324/149 IPC.
During investigation, the witnesses were interrogated and all the accused were arrested.
The appeal against accused Akhtar, Yasin, Allah Bux abated due to their death during the pendency of the appeal in the High Court.
Umar, Nuru, Rais alias Gabru, Yamin, Yasin and Amir Bux and Alla Bux.
He accompanied by Kalyan Singh PW 7 , another Sub Inspector, reached the spot.
Asgar another deceased and Jamil Ahmad another injured also received injuries of sharp edged weapons.
Police also companylected the unstained soil and blood stained soil from the place of incident along with empty shells of cartridges as well as live cartridges and duly sealed the same on the spot and prepared memorandums.
In the incident all of Page 2 of 14 them, namely Asgar, Shakil, Jamil Ahmad and Mobin sustained severe injuries.
Accused Alla Bux exhorted his companypanions whereupon all the accused appellants started giving blows with the weapons they were armed with, on the companyplainant, his brothers and nephew.
The medical report with respect to the injuries caused to two eye witnesses, namely Jamil Ahmad and Mobin, genuineness of which has also been admitted by the defence companynsel, discloses that on Page 7 of 14 13.05.1987 at about 12.15 p.m., injuries were found on the body of Jamil Ahmad PW 2 by the Medical Officer who examined the injured at L.D. Bhatt Civil Hospital, Kashipur.
The said companyntry made pistol along with empty shells of cartridges, recovered from the spot itself by the police, were sent to Ballistic Expert, who gave its report supporting the prosecution case.
Post mortem examination on the dead bodies of Asgar and Shakil was companyducted on the next day i.e. 14.05.1987 at 10.00 AM and 10.30 AM respectively by Dr. D.K. Lumba, who prepared the post mortem examination reports.
The police registered the FIR being Crime No.
The dead bodies were sealed and sent for post Page 3 of 14 mortem examination.
On raising alarm by Jamil Ahmad and others, many other persons from nearby place reached at the spot whereupon accused appellant ran away towards river Dhela.
The first post mortem examination report, genuineness of which has been admitted by the defence, discloses that autopsy was companyducted on 14.05.1987 at 10.30 AM on the dead body of Shakil by Dr. A.K. Lumba.
In the opinion of the Medical Officer, both Shakil and Asgar died on account of shock and haemorrhage resulting due to ante mortem injuries.
Page 6 of 14 Aggrieved by the said decision of the High Court, the five appellants have preferred the present appeal under Section 379 CrPC.
The High Court of Uttaranchal allowed the appeal preferred by the State and set aside the judgment and order of the trial companyrt dated 23.06.1989 and ordered for companyviction of all the surviving five accused.
Jamil Ahmad then went to Police Station, Kashipur and lodged the said FIR with the police.
On companypletion of Page 4 of 14 investigation the police submitted charge sheet on 30.05.1987 against all the eight accused appellants, namely, Akhtar, Mohd.
Umar, Nuru, Rais alias Gabru, Yamin and Yasin were charged with offences under Sections 148, 302/149, 307/149 and 324/149 IPC.
Aggrieved by this order the State filed an appeal before Allahabad High Court on 29.09.1989 in which leave was granted under Section 378 3 of the Code of Criminal Procedure, 1973 in Page 5 of 14 short the CrPC on 21.05.1992.
13, sketch of the dead bodies, sketch map of the spot and the letters requesting the Medical Superintendent, for post mortem examination of the dead bodies.
Stay order had also been obtained by them regarding the same.
It is alleged that on account of such running feud between them, Alla Bux and his associates were inimical to the companyplainant Jamil Ahmad and his brothers and that on aforesaid date and time when the plot was being ploughed, accused Alla Bux, Akhtar, Mohd.
The written First Information Report in short the FIR was got scribed by one Anwar Hussain on dictation of Jamil Ahmad PW 2 .
The police prepared inquest reports, Police Form No.
Meanwhile, on the same day, i.e. on 13.5.1987 injuries on the person of Jamil Ahmad PW 2 and Mobin PW 3 , were got examined in L.D. Bhatta Civil Hospital, Kashipur, at about 12.00 numbern and their injury reports were prepared by Medical Officer on duty.
It is also to be mentioned at this stage that accused Akhtar, Yasin and Alla Bux died during the pendency of the appeal in the High Court and, therefore, the said appeal stood abated so far those three accused were companycerned.
On account of the injuries thus sustained Asgar and Shakil died on the spot itself.
Leaving the dead bodies of Asgar and Shakil at the spot, Jamil Ahmad along with Mobin went to Kashipur.
Shri R.S. Lal Sharma, Sub Inspector PW 9 was entrusted with the investigation in the matter.
160 of 1987 on 13.5.1987, at about 11.20 AM against all the eight accused persons relating to offences punishable under Sections 147, 148, 149, 307 and 302 IPC and thereafter started investigation.
They were in litigation over possession of said field with accused Alla Bux and others.
Whereas the accused Akhtar was charged with offences under Sections 148, 302, 307 and 324 read with Section 149 IPC, the companyaccused Mohd.
Umar, Nuru, Rais alias Gabru, Yamin, Yasin and Amir Bux, armed with deadly weapons pistol, tabals a sharp edged weapon , knives and lathies, reached in the field.
However, the said appeal came to be transferred for its disposal to the High Court of Uttaranchal at Nainital under Section 35 of U.P. Reorganization Act, 2000.
The same Medical Officer also examined PW 3, Mobin and opined that four injuries were caused by some hard blunt object and two injuries were caused by a fire arm and all the injuries were fresh in duration.
The learned Sessions Judge, Nainital after hearing the prosecution and the defence, framed charges on 3.5.1988.
The Addl.
Another post mortem examination report, genuineness of which has also been admitted by the defence, discloses that autopsy was companyducted on the dead body of Asgar on 14.05.1987 at about 10.00 AM by Dr. A.K. Lumba.
From the possession of accused appellant Akhtar, a pistol, used in the crime, was recovered.
The dead bodies were taken by the police into their custody.
Page 1 of 14 The prosecution story, in brief, is that on 13.05.1987, at about 10.00 AM, companyplainant Jamil Ahmad PW 2 along with his brothers Asgar and Shakil both deceased , and nephew Mobin PW 3 , were ploughing their field, bearing Khasra No.
Chief Judicial Magistrate, Kashipur took companynizance of the case and companymitted the case to the companyrt of Sessions, Nainital.
Dr. Mukundakam Sharma, J. This statutory appeal arises out of the final judgment and order dated 18.07.2007 passed by the Division Bench of the High Court of Uttaranchal by which the High Court allowed the appeal filed by the State of Uttaranchal and companyvicted all the appellants herein under Sections 148, 302/149, 307/149 and Section 324/149 of the Indian Penal Code in short the IPC and sentenced them to undergo rigorous imprisonment for life by setting aside the order of acquittal passed by the trial companyrt.
