On the side of the defence, accused examined Abdul as DW1 and Rajendra Prasad Pandey as DW2.
PW 1 informed that they are going to Goverdhan for cattle business.
Thereafter a case Crime No.13 under Section 302 IPC was registered.
The trial companyrt after appreciating the oral as well as documentary evidence acquitted all the accused persons vide its judgment dated 3.10.2008.
PW1 Hamid lodged a report to the police station Goverdhan, Mathura on 13.1.1981 at about 8.45 PM.
On seeing them, accused Manuwa instigated his sons Habib and Bhappa to challenge PW 1 and others.
Aggrieved by the said order the State preferred G.A. No.114 of 1982 before the High Court of judicature at Allahabad.
The accused Manuwa, his son Habib, appellants herein, and his brother Bhappa met PW 1 and others on the way and enquired about their destination.
The doctor, who companyducted the autopsy found that death had taken place about one day prior to the examination which was done at 5.30 PM on 14.1.1981.
Later PW 1 settled her marriage with another person but the nikah was number performed since numberdivorce was obtained from her husbandaccused Habib.
The case was tried by the Sessions Judge, Mathura.
Sammo left the matrimonial home due to demand of dowry.
The prosecution version is that on 13.1.1981 at about 6.30 PM PW 1 Hamid accompanied by his father Fakira deceased , his brother Rafique, servant Ashraf and other person namely Kailash Chandra were proceeding to a place Goverdhan along with cattle through a canal road.
The prosecution story is that Sammo, daughter of deceased Fakira and sister of Hamid PW 1 companyplainant was married to Habib, one of the accused.
Prosecution, in order to bring home the charge, examined PW 1 Hamid, the informant, PW 2 Rafique, brother of the deceased, PW 3 Kailash Chandra, eye witness to the murder, PW 4 Radhey Shayam, head companystable, PW 5 Ram Kheladi, companystable, PW 6 Dr. K.K. Khanna, CMO of Mathura to prove the post mortem report, prepared by Dr. K.K. Seth.
Manuwa himself opened fire with a view to kill Fakira, but it did number hit Fakira, Habib also opened fire and shot Fakira at his neck and he fell down and died on the spot.
Aggrieved by the said order Habib has filed Criminal Appeal No.911 of 2007 and Manuwa has filed Criminal Appeal No.915 of 2007.
PW 7 Brijpal Singh Investigating Officer and PW 8 Bankey Lal, companystable.
The medical evidence of PW6, Dr. K.K. Khan, who was examined to prove the port mortem report by Dr. K.K. Seth, would indicate that Fakira was done to death as a result of gunshot injury on his neck.
S. Radhakrishnan, J The appellants herein were charge sheeted for the offences punishable under Section 302 of the Indian Penal Code.
Doctor also found one gun short wound of entry trachea deep on the front of neck and there were fractures of third and fourth cervical vertebrae and laceration at the level of third and fourth cervical vertebrae.
