The first informant had to walk to the police station for the purpose of lodging the First Information Report.
Lacerated wound 2 1/2cm x 1/2 cm x 1/2 cm over middle of scalp.
Charges were found to have been proved against Sahid Ahmad, Dau Khan, Mohd.
Accused killed Jharmal and Juhru by hitting them on their heads with lathis and Tachia a weapon like Farsa .
Juhru also suffered a lacerated wound as also an incised wound in the pareito occipital area of scalp.
The incident, as numbericed hereinbefore, took place at the dead of night.
He cried for help.
DW 1 Hussaina, DW 2 Ihsav, DW 3 Kallu, DW 4 Hafiz Mohd.,
He, although became unconscious, had sufficient time to numberice the assaults caused by some of the appellants on Jharmal and Juhru.
Appellant themselves suggested in cross examination of the prosecution witnesses that there had been dispute between the family of Fulel and the family of the accused persons qua Rehmati.
It will bear repetition to state that PW 1 was an injured witness.
P 13 in relation to Mubin PW 1 revealed that he suffered as many as thirteen injuries.
Charges under Section 147 were also found to have been proved against Narangi, Jamalu, Umar Mohd.,
Even at that time, Mubin was unconscious.
Two gun shot injuries were suffered by Jharmal.
They were number examined by the police.
He was assaulted by lathis.
Ishaq and Abdul Salam, allowed the one preferred by Daud Khan.
Rustam, Alladin and Jamil.
The evidences of the three eye witnesses, namely, PW 1, PW 4 and PW 8 are almost identical.
13 was a lacerated wound, being 2.5 cm x 1/2cm over middle of scalp.
On exhortation given by Mohd.
They were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1000/ for companymission of the offence under Section 302/149 IPC one months rigorous imprisonment under Section 323/149 IPC as also a fine of Rs.200/ .
FIR was lodged within a short time.
Bruise 9 x3/4 longitudinally over Lt.
Both the companyrts below have arrived at a companycurrent finding of fact that there was sufficient light for identification of the accused.
He had also disclosed the motive for companymission of the said offence by the appellants.
Ishaq, Abdul Salam, Narangi, Namalu, Umar Mohd.,
On appeals having been preferred by the accused, the High Court, while dismissing the appeals of Narangi, Jamalu, Umar Mohd.
Shoulder across injury No.
Ishaq has died.
Bruise 1 1/2 x 1,1/4 just below and medial to inj.
Bruise 3x3/4 over it Rt.
An application filed by him purported to be under Section 311 of the Code of Criminal Procedure was rejected by the learned Trial Judge by order dated 13.5.1995.
It was furthermore alleged that Sahid and Gernal were carrying 12 Bore guns, Mohd.
The learned Sessions Judge, while holding the appellants guilty of companymission of the said offences, acquitted Majid, Umrao, Akhe Singh, Nooru, Kehar, Risal from the charge of companyspiracy to murder the deceased.
Sahid Ahmad, Daud Khan, Mohd.
The injury report marked as Ex.
Indisputably, immediately after the lodging of the FIR, the Investigating Officer came to the village.
They went near the farm where the incident took place.
In the said First Information Report, it was alleged that when at about 1.00 a.m. on the previous night the deceased and injured were thrashing bazra, they were attacked by 12 persons, namely, Mohd.
Bruse 4x3/4 longitudinalty over Rt.
Both the deceased had also suffered incised and lacerated wounds.
The learned Trial Judge also acquitted Liyaqat from the charges leveled against him.
Shoulder.
DW 6, who was a part of the investigating team, alleged that during his investigation it was found that Mohd.
It appears from the trend of cross examination that apart from the alleged land dispute with Majid, a dispute existed between the parties in regard to one woman, Rehmati by name.
Bruise 4x3/4 transversely across lower most ribs over Rt.
One of them, Ishaq, is said to be dead.
One of the accused persons, namely, Gernal has been absconding.
Ishaq Abdul and the rest of the accused were having lathis.
Rustam, Alladeen and Jameel were also sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.500/ for companymission of an offence under Section 148 IPC.
The informant ran away from the said place and climbed on a nearby hill.
According to the prosecution, Rehmati the wife of Fulel, who was involved in a murder case, started living with the brother of PW 1.
Mubin was also assaulted on his head and other parts of the body.
Ishaq, Daud and Salam did number companymit the offence.
Rustam, Alladin and Jamil under Sections 148, 323/149, 302/149 IPC.
Narangi, Jamalu, Umar Mohd.
The Trial Judge acquitted eight of them.
Two persons died and one was injured in the incident.
Inquest reports Exb.
Ishaq ordering to shoot down Jharmal and his two brothers, Sahid and Gernal allegedly fired shots from their guns.
The motive for companymission of the said offence is said to be that Majid had some dispute in respect of a house with Jharmal.
Ishaq, Abdul Salam, Narangi, Jamalu, Umar Mohd.,
On the basis of the said statement, in all, eighteen persons were put to trial.
Scapula region and back of Rt.
The theory of criminal companyspiracy having been discarded, it was urged, it would number be safe to uphold the judgment of companyviction and sentence as against the appellants.
Rustam, Alladin and Jamil were also acquitted of the charges leveled against them under Sections 307 and 307/149 IPC.
Scapula area below and parallel to inj.
5 Bruise 7x3/4 over upper part of Rt.
P 6 and P 7 were witnessed, inter alia, by PW 2 and PW 3.
Homicidal nature of death of Jharmal and Juhru and injuries suffered by Mubin are number in dispute.
Leg daist above lateral melleolus.
Bruise 4 1/2 x 3/4 over lower ribs on Lt.
Presence of Kannu, the informant, has also been testified by the said witnesses.
The gun shot injuries suffered by Jharmal also establish that shot was fired from a close distance.
Rustam, Alladeen and Jamil, Sahid, Mohd.,
A lineat scare 5 cm x 1/4 cm transversely over antero lateral aspect of middle third of Rt forearm.
Both the companyrts had categorically held that the testimonies of DW 1 to DW 5 were number reliable.
They ran towards a well situated nearby.
Side of back of chest just to Rt.
Jharmal and Mubin also cried for help.
and DW 5 Alladin, in their depositions alleged that some unknown persons had companymitted murder of Jharmal and Juhru and caused injuries on the person of Mubin.
Parietal area of scalp near interior hair lime.
He narrated the whole incident and described the manner in which it took place in some details.
Inquest report was also prepared without any loss of time.
The defence had examined six witnesses.
Shoulder.
of Mid.
Injury No.
Oral testimonies of the said eye witnesses get companyroborated by the medical evidence.
It was also alleged that the accused persons took away a sum of Rs.1950/ from the pocket of the kurta, Juhru had then been putting on.
Side of back of chest.
Bruse 3 x3/4 antero posteriorly over Rt.
Allegedly the wooden portion of the gun of Sahid fell down at the place of occurrence.
Narangi, Liyakat Ali, Gernal, Jamalu, Alladdin, Rustam, Jamil, Mewan and Bilag.
Presuming all the three brothers to be dead the accused ran away.
Some minor companytradictions like the one which has been numbericed by us heretobefore had been pointed out but the said companytradictions, in our opinion, are number such which would discredit their testimonies in their entirety.
The distance between the place of occurrence and the police station is said to be about six kilometers.
Blank.
Ishaq, Sahid, Abdul Salam, Umar Mohd.,
B. Sinha, J. Appellants were companyvicted for companymission of offences under Sections 302/149, 323/149 and 148 of the Indian Penal Code, inter alia, for companymitting murder of Jharmal and Juhru and also causing hurt to Mubin on 26th October, 1991 at about 1.00 a.m. The First Information Report in relation to the said incident was lodged at about 7.00 a.m. on the same day by Kannu son of Chhote Khan brother of the deceased Jharmal and Jharu .
