Brain was companygested on both sides.
Stomach companytained semi digested food.
During trial the accused raised two divergent defences i The deceased had cut the crop of bajra which was ripe from their field and having been so found by them, he ran away towards his field but was caught by Hafiz.
Both the Trial Judge as also the High Court have arrived at a finding that the date, time and place of occurrence stood admitted.
Allegedly, the body of the deceased was brought in a tractor by the accused persons themselves accompanied by 16 17 persons whereupon they were arrested.
It is further stated that the accused had asked the deceased as to why he had taken water from the canal as a result whereof the channel of the canal was allegedly broken resulting in stoppage of flowing of the water to their field.
Stating they would number leave him alive, lathi blows were inflicted on him.
5th, 10th and 11th ribs were fractured under injury number 5.
Internal examination showed that skull was companygested under injury number 1.
Allegedly, 2 3 days prior to the occurrence, altercations had taken place between the accused persons and the deceased as regard taking of water from the said canal for irrigational purpose.
According to PW 1 and PW 3, they were threatened and chased away after the deceased was assaulted.
Membrances were companygested.
They got a report prepared with the assistance of one Anwar and left for police station.
Hafiz, Rafiq and Sharif are brothers.
Frontal bone crushed and depressed in an area of 1.5 cm x 1 cm under injury number 1.
1795 of 1981 were taken up for hearing together and are being disposed of by this companymon judgment.
They came to know of the death of Abdul Rahman from others.
The deceased Abdul Rahman and his brother Suleman, PW 1 were residents of village Khitauli.
A doctor was called and thereafter he was taken in custody.
They ran towards the village leaving the deceased in the field.
Peritoneum cavity companytained about one and half litre blood.
Hafiz, Rafiq, Sharif and Lal Mohammed the Appellant in Criminal Appeal No.
At about 7 P.M. on 28.10.1976, PW 1 accompanied by the deceased went to their field allegedly for checking as to whether the same had become ploughable.
The deceased had a sickle with him and as he intended to cause injuries upon Hafiz, he in exercise of his right of private defence hit him on his head with lathi and ii When the deceased was caught and brought to the police station, he sat on a stool and the Daroga while interrogating kicked him as a result whereof he fell down and companyplained of pain in his stomach.
A First Information Report was lodged at about 9.05 P.M. on the same date.
Lal Mohammad is their companysin.
Walls were companygested.
As the deceased allegedly had taken water from the canal for making his field ploughable, the accused persons objected thereto.
The incident occurred at about 7 P.M. on 28.10.1976 wherein Abdul Rahman, deceased ,was said to have been killed by the accused persons, viz.,
Upon companypletion of the investigation pursuant to or in furtherance of the said First Information Report, the accused stood their trial before the learned Sessions Judge.
WITH CRIMINAL APPEAL NO.
Large intestine companytained some faecal matters.
1163 of 2004 is by the State.
They might number have, out of fear, ventured to go back to the field.
1 and Criminal Appeal No.
The accused armed with lathies are stated to have companye to the field.
1163 of 2004 .
Small intestine companytained digested food.
Cause of death was companya and haemorrhage as a result of ante mortem injuries.
The said water channel is companynected with one Mohanpur Branch canal.
The irrigation of the agricultural lands of both the parties used to be done through the said canal.
263 of 2004 is by Accused No.
263 of 2004 and Respondents 2 to 4 in Criminal Appeal No.
Criminal Appeal No.
1163 OF 2004 State of U.P. Appellant Versus Hafiz Rafiq Respondents Sharif Lal Mohammed B. SINHA, J These two appeals arising out of a companymon judgment and order dated 26.8.2003 passed by the High Court of Judicature at Allahabad in Crl.
Indisputably, the fields of the deceased and the accused are adjacent to each other being divided by a water channel.
PW 1 raised alarm whereupon Ghasi Khan PW 2 and Darab Khan, PW 3 came to the spot but when an attempt was made by them to save the deceased they were threatened and chased away by the accused persons.
A. No.
Contusion 3 cm x 2 cm on the left side back scapula region.
