Because of this enmity on 3.10.1977 at about 1.00 p.m., when deceased was companying back from Shahjahanpur city to his native village Lodhipur, near the Check post at Lodhipur accused Chanda and his brothers accused Zakir and Shakir sons of Shujat Ali and Abbas son of Jameeluddin, Hameeduddin head of the village Mukhia , Zaheer Shah son of Ghafoor of the same village and Nanneh alias Ishaq son of Ishtiayaq who is the brother in law of Chanda were standing there.
Background facts alleged by the prosecution leading to the trial are essentially as follows Hashim Khan PW 1 lodged an FIR at about 1330 hours on 3.10.1977 in which the time of incident was stated to be 1300 hours on the same day.
Thereafter, all the accused persons chased deceased Qasim, and after some distance accused Zakir, Shakir, Nanneh, Abbas and others caught hold of deceased and Sartaj fired a shot at him from a close distance due to which he fell down on the road.
Second time, in the year 1976, Sayeed and accused Chanda fired a shot on Qasim, the brother of the companyplainant.
The accused Chanda fired a shot at his uncle in the year 1975, a case was registered against him and that case was pending.
To substantiate its accusations 8 witnesses were examined including PW 1 Hashim Khan, Naim PW 2 and Samiulla PW 3 who claimed to be eye witnesses.
After companysidering the evidence on record the Trial Court found that there was mistake in describing the fathers name of accused Sartaj.
Accused Zakir was acquitted because he was a crippled person and in the dying declaration of the deceased numberrole was ascribed to him.
All of a sudden, Chanda fired a shot at him, which did number hit him.
Accused Sartaj and Chanda were holding companyntry made pistol in their hands.
The Trial Court had number awarded any separate sentence for the other offences.
Accused persons pleaded innocence and stated that they were falsely implicated due to enmity.
On companypletion of investigation charge sheet was placed.
Accused Zaheer exhorted and asked others to take Qasim, and he should number escape.
The companyplainant came to police station by putting Qasim on a Rickshaw in the injured companydition.
As per FIR, PW 1, the companyplainant is the resident of village Lodhipur.
Other injuries companyld have also attributed to septicemia.
Similar was the position so far as accused Hameeduddin is companycerned.
Accordingly, there was an old enmity between Qasim hereinafter referred to as deceased and the accused.
He prayed for the registration of the case and for appropriate action.
This case was about to be proceeded for trial in the Court.
Thereupon deceased Qasim raised alarm and ran towards the city.
Distance of place of incident from police station was about one mile.
The deceased breathed his last on 11.1.1978.
