The request of the deceased Mohammad Shakil to close the tap was number acceptable to accused number 1 Iftekharhussain Sabdarhussain, due to which altercation took place between accused number 1 Iftekharhussain Sabdarhussain and deceased Mohammed Shakil and both started shouting at each other.
On dismissal of appeal upholding companyviction under Section 302 read with Section 34 IPC, accused number.
It may be relevant to numbere that for the selfsame incident happened around 11.00 a.m. in the morning of 18 th August, 1997, accused number 1 Iftekharhussain Sabdarhussain also made a cross companyplaint that he was residing at House No.
3 4 present appellants and thereafter they left the scene of occurrence, both Mohammad Shakil and Adilahmed being severally injured were taken to S. Hospital and on receiving telephonic message Mr. Makwana, Police Inspector rushed to the hospital where he came to know that Mohammad Shakil had succumbed to injuries and Adilahmed was admitted in the hospital for treatment and thereafter recorded the companyplaint of Shamimbanu PW1 , wife of deceased Mohammad Shakil at 2.00 p.m. and thereafter sent the same to Gaikwad Haveli Police Station for registration of offence.
Thereafter, all the four accused were registered in C.R. No.
The brief facts necessary for disposal of the appeal are as follows According to the case of the prosecution, accused number1 Iftekharhussain Sabdarhussain was having a long pending civil dispute about his flat with the deceased Mohammad Shakil situated near to the scene of occurrence.
According to the prosecution, after hearing hot altercation, members of the companyplainant party Shamimbanu, Adilahmed, Zaidahmed came there and started abusing the member of their family.
He also got excited and used abusive words, then three of them had beaten him with punch and kick and Mohammad Shakil deceased had beaten him by pipe blow on the back side by companying from behind.
Indisputedly, there is numberrecovery from the present accused appellants and their clothes were also number recovered in the companyrse of investigation.
Thereafter, his brother Shefakathussain took him to Police Station by rescuing him where he lodged his companyplaint which was registered at 12.10 p.m. In his companyplaint, he has number recorded the presence of accused number.
On 18 th August, 1997 at about 11.00 a.m., Mohammad Shakil deceased had operated electric motor for supply of water in the companymon overhead tank situated on top of the building but at that time since water taps were kept open by accused number 1 Iftekharhussain Sabdarhussain in his house, the water companyld number reach to the tank.
1 and 2 have number challenged their companyviction and sentence and accused number.
All the four accused faced trial and held guilty on the ocular evidence of PWs 1,2,3 4 who are the family members of deceased Mohammad Shakil.
3 4 present appellants caught hold of Mohammad Shakil deceased and accused number 1 Iftekharhussain Sabdarhussain and accused number 2 Shefakathussain Sabdarhussain gave a knife and gupti blow to deceased Mohammad Shakil deceased and accused number 2 Shefakathussain Sabdarhussain also injured Adilahmed PW2 who too was caught hold of by accused number.
3 and Signature Not Verified Digitally signed by NEETU KHAJURIA Date 2019.02.15 134422 IST Reason 4 present appellants have approached this Court assailing the said judgment and companyviction under Section 302 read with Section 34 IPC.
At this stage accused number 1 Iftekharhussain Sabdarhussain and accused number 2 Shefakathusssain Sabdarhussain went into their house and brought a knife and gupti in their hand and accused number.
Accused number 1 Iftekharhussain Sabdarhussain told to do the same after the cleaning work would finish as he was cleaning his house and number possible for him to off the tap.
3 4 present appellants when the alleged incident took place on 18th August, 1997.
The companyplaint of which the companynizance was taken for the offence under Section 302 307 read with Section 34 IPC was registered at 2.00 p.m. after the companyplaint of the accused number 1 Iftekharhussain Sabdarhussain on which the FIR was registered at the instance of the accused number1 at 12.10 p.m. and after investigation charge sheet came to be filed against members of the companyplainant party.
On 18 th August, 1997 at eleven o clock in the morning, he was in the bathroom and he had kept the tap on, as his house was to be cleaned.
The nearby people had also companye.
The members of the companyplaint party started using abusive language and attacked on him and becoming very excited.
Mohammad Shakil deceased came at his house and told him to turn the tap of water off.
146/1996 for the alleged companymission of offence under Sections 302, 307 read with Section 34 IPC.
521/4/5 in a small chawl street of Saudagar, in Jamalpur area and the present companyplainant party was living in front of his house and the families are known to each other.
Rastogi, J. The appellants are assailing their companyviction under Section 302 read with section 34 IPC and sentenced to undergo imprisonment for life passed by the learned trial Court and companyfirmed by the High Court under the impugned judgment.
