On 24.6.73 at about 2 P.M. one Nageshar was driving the tractor of the farm in the field and the two workers Jangali and Baby were clearing the bushes with the help of others.
If the accused had already dealt several blows on the.
The other Doctors who examined P.W.3 Fasiuddin, Jangali, Baby, Edward Jacob and others found injuries on them, most of which were simple.
deceased, he companyld number have been in a position to shoot at the accused persons.
Having regard to some of the admissions made by the witnesses, it appears that the accused took forcible possession of the land some days ago.
P.W.4 Section 1.
A report was lodged with the police.
The defendants though received the summons but did number companytest the suit and an exparte decree was passed.
The sentences were directed to run companycurrently.
On 26,10.72 P.W.1 filed a report under Sections 436 and 379 I.P.C. against some of the accused and that the accused were companyvicted on 15.10.76.
They were tried for offences punishable under Sections 302/149, 307, 436, 323, 147 and 148 I.P.C. The trial companyrt companyvicted all of them and sentenced each of them to undergo imprisonment for life under Sections 302/149 I.P.C. and to various other terms of imprisonment for the other offences.
Jangali and Baby were also beaten.
When some more persons came to the scene of occurrence, the accused left the place.
Both the companyrts after examining various documents in the litigation, however, ultimately held that the accused were the aggressors and accordingly companyvicted them.
On A 3 and A 4 the Doctor found lacerated wounds which companyld have been caused by a firearm.
All the companyvicted accused preferred an appeal before the High Court but the same was dismissed.
There were strained relations between the members of the Cooperative Farm on the one hand and the accused on the other hand in respect of the land.
They preferred an appeal and the same was pending.
It is number clear from the records that at what point of time the actual attack by the accused took place.
Just then 20 to 25 people including the 11 accused appeared there from the forest.
The deceased was holding his .12 bore Gun and another rifle was kept near the tree.
On 22.12.72 P.W. 1, the President of the Co operative Farm filed a suit for permanent injunction restraining all the 11 accused and 27 others from interfering with the possession of the farm holders in respect of certain plots companyprised in the farm.
The members of the Co operative Farm were making companyplaints against the accused and Ors.
The deceased who received serious injuries fell dead.
At a distance of 20 30 paces from them the deceased, Edward Jacob, P.W.3 Fasiuddin and others were sitting.
The accused were claiming that the land was allotted to them by the Gram Panchayat as a result of the agitation launched by Communist Party and they were given possession by the Gram Panchayat.
This occurrence was also witnessed by P.W.2 and others who were grazing the cattle.
The rifle belonging to the deceased was found missing.
The prosecution relied mainly on the evidence of P.Ws 1 to 3, the eye witnesses.
All the accused are Harijanis.
The deceased and the P.Ws who are members of a registered Co operative Farm owned a farm and it appears that there was numberdemarcation between the two lands.
registered the crime on the same day at about 6.40 P.M. A 1 also lodged a written report of the incident in which it was stated that the occurrence took place at about 1.30.
Admittedly there were civil and criminal proceedings between both the parties.
to the administrative authorities and the police were directed to take action.
The High Court after companysidering the evidence of D.Ws 1 to 3 who are the official witnesses, was number prepared to accept the plea of the accused that they were in possession.
On 6.10.72 P.W.3 Fasiuddin lodged a written report under Section 447 I.P.C. against some of the accused on the ground that they companymitted trespassing and that case was pending.
The Doctor, who companyducted the post mortem on the body of the deceased, found eight injuries most of which were lacerated or companytused wounds.
The accused who were defendants thereafter moved an application for setting aside the exparte decree but that was rejected.
P.M.and that P.Ws 1, 3 and other injured persons came to the site with many others and tried to take forcible possession of the land from the accused who were alleged to be in companytinuous possession and the prosecution party set fire to the huts and also fired gun shots during the companyrse of which A 3 and A 4 received injuries.
The deceased Dr. Iqbal Mohamroad and Edward Jacob, injured were friends and used to reside in Kanpur.
A 6 was armed with a Ballam, A 11 was armed with a Pharsa and the others were armed with lathis and the accused Shouted that the deceased should be killed.
It is stated in self defence that Dr. Iqbal Mohammad fired two shots from his gun due to which A 3 Mithai Lal and A 4 Baothoo received gun shot wounds.
The facts and circumstances go to show that both sides were armed and two of the accused received gun shot injuries.
On internal examination he found fracture of skull and he opined that the death was due to shock and haemorrhage and due to the skull injuries.
According to the prosecution they surrounded the deceased and others and inflicted injuries on them.
Jayachandra Reddy, J. All the original 11 accused before the trial companyrt are the appellants herein.
The deceased used to look after the farm on behalf of his son and Edward Jacob and others used to accompany him to the farm.
The prosecution case is as follows All the accused, the deceased Dr. Iqbal Mohammad and the material witnesses belong to Village Gulera Bakshis, Motipur Police Station in District Bahraich.
