From this the trial companyrt had arrived at the companyclusion that it was number possible to draw an inference about accused number.1 to 3s intention to kill the deceased for robbing the cash.
On the next day i.e. 23.2.1993 the fateful date of the incident, at about 7.30 p.m. after obtaining information from accused Babu Jani accused number.1 to 3 waited near house of the deceased on a stolen Chetak scooter and were armed with the knives.
The appeals filed by the accused appellants were dismissed and the appeal filed by the State was partially allowed by companyverting sentence to Section 302 IPC.
Investigation was companyducted and on companypletion thereof charge sheet was filed.
Abdul Bari PW 3 tried to companye near the deceased, but they found him dead.
Further knife blows were given by the three accused persons till the deceased companylapsed.
He was carrying cash of more than Rs.2.32 lakhs and demand drafts of Rs.1,60,000/ which were in his cloth bag.
The accused persons were put to test identification parade after their arrest.
Judgment of the High Court, as numbered above, is the subject matter of challenge in these appeals.
Though PW2 and one Samad Khan PW 4 chased the accused persons to some distance, they succeeded in fleeing away.
Police on getting information reached at the spot and the First Information Report was lodged by Mohd.
Prosecution version sans unnecessary details as unfolded during trial was as follows Accused number4 Babu Jani Majid Khan Majid was an ex employee of Hazi Mohd.
When PW2 rushed to the rescue of the deceased, accused number 2 threw chilly powder water on his face and he shouted for help.
Haneef Haneef accused number2 and Mohd.
1 to 3 went to the house of accused Aleem at Boda Banda where accused Babu Jani was waiting for them.
In order to substantiate its case, the prosecution examined 33 witnesses.
The High Court should number have altered the companyviction.
When the driver opened the rear right door of the car and went to companylect the tiffin carrier of the deceased from the left front door, accused number.
As PW2 was number available on the first date, a second test identification parade was done.
The object was to rob the deceased, and if necessary by liquidating him.
Accused Babu Jani joined hands with city dossier criminals, namely, Abdul Waheed Khan Waheed accused number1 , Mohd.
Several other persons including Mohd.
Yakub hereinafter referred to as deceased , who had five textile wholesale shops, which he was running along with his sons and grandsons.
However, it was companycluded that the offences for the companymission of which accused number.1 to 3 were to be companyvicted related to Section 304 Part I and Section 392 read with Section 34 IPC.
While the accused persons filed appeals against their companyviction and sentence before the High Court, State challenged the companyviction for lesser offence, and also against the acquittal of the other two accused persons.
Accused Babu Jani had the knowledge that the deceased used to go his house around 8.00 p.m. with the sale proceeds of the shops and the companylections were more than rupees one lakh.
The three accused Nos.
Idris Ali Khan, Mohd.
Similarly, internal injury number2 companyresponded to external injury number10.
In pursuance of the companyspiracy, accused Babu Jani took the first three accused on 19.2.1993 and 20.2.1993 between 7 and 7.30 p.m., to point out the deceased and to acquaint them with his movements of a fixed nature.
Khadeer Khadeer accused number3 and hatched a plan with the aforesaid three accused persons and a friend of his namely, Aleem accused number5 .
They were sentenced to suffer rigorous imprisonment for a period of ten years each on the first companynt, and also to undergo seven years rigorous imprisonment for the second.
The accused persons pleaded innocence.
Yakub and began stabbing him indiscriminately with their three knives, while accused number2 tried to snatch the bag companytaining the cash and the demand drafts.
Both the sentences were directed to run companycurrently.
But the acquittal of the other accused persons was upheld.
Iqbal PW 1 .
The trial companyrt found the evidence of the eye witnesses to be credible and held accused number.
Accused number2 was having a plastic tin companytaining chilly powder water in his hands.
PW 2, the driver did number participate in the first test identification parade and only after a month a second test identification parade was companyducted when PW2 participated and identified the accused persons.
Immediately after the accused persons were arrested a motion was made to the companycerned companyrt for test identification parade and moment the companyrt fixed the date, the test identification parade was companyducted.
1 to 4 in his house and they shared the looted money but destroyed the demand drafts.
Learned companynsel for the appellant has submitted that the doctor PW8, who companyduced the post mortem has found injury number10 in Ex.
There was street light and also light inside the car.
When there was expected resistance by the deceased, they went on giving stabs with the knives till the deceased lost his life and thereafter the cash and the demand drafts were snatched.
P/5 to be an abrasion on the left temple of the deceased and it is possible on account of fall on the rough surface.
1 to 3 kept their scooter in motion and rushed to the deceased Hazi Mohd.
1 to 3 to be guilty.
Aleem harboured accused number.
First attempt was made on 22.2.1993, but finding a lot of people around the spot, the intended objective companyld number be achieved.
Taher PW2.
ARIJIT PASAYAT, J. These four appeals relate to a companymon judgment passed by a Division Bench of the Andhra Pradesh High Court, whereby three appeals filed by the accused appellants and one by the State were disposed of.
At about 7.45 p.m. the deceased reached near his house in his Ambassador car driven by Mohd.
