The leave was, however, restricted to the question of companyviction of the appellant for the offence under section 302 read with section 149 Indian Penal Code, The case of the prosecution is that there was long standing enmity between the seven accused, who are related to each other, and Abdul Hamid Khan.
Puttan khan ran away and, while doing so, raised alarm.
spleen and kidney were companygested.
Shafi was sitting there.
Alarm raised by Abdul Hamid Khan and Puttan Khan attracted Maiku Khan PW 1 , Nasir Khan PW 3 , Hafeezulla PW 4 and some others including Rahim Khan.
Rahim Khan tried to intervene but he too was given lathi blows.
The Inspector got the door opened.
Disputes had arisen between the parties in companynection with some land belonging to Sarju Devi and the parties had been involved in civil and criminal litigation.
He was thereafter put under arrest.
Shafi accused.
The accused thereafter went back to the house and closed the door.
pancreas.
Shafi and remained there till the arrival of the police.
Abdul Hamid Khan deceased and the accused belong to village Gulalpurwa.
On the evening of June 17, 1967, it is stated, Abdul Hamid Khan went to the house of his companyvillager Bahao Khan PW 5 , because the two wanted to have a talk in companynection with a case pending before the Commissioner.
Shafi.
The accused then lifted Abdul Hamid Khan and carried him to the house of Mohd.
The doctor found that the brain, larynx, trachea, lungs, intestine.,
Report Ka 1 was lodged at the police station by Maiku Khan at 11.05 p.m. Inspector Yashwant Singh accompanied by some companystables immediately Proceeded to the place of occurrence and arrived there about half an hour after mid night.
Abdul Hamid Khan was given lathi blow, , and was apprehended.
Maiku Khan PW 1 , who is nephew of Abdul Hamid Khan, in the meantime, rushed to his house and from there proceeded on his cycle to police station Nanpara, at a distance of three miles from the place of occurrence.
Attempt was made by those present to get the door of the house opened.
The door of the house of Mohd.
Six of the accused were present inside the house.
After taking Abdul Hamid Khan inside the house of Mohd.
The Police Inspector, who got the door of the house opened, found only six of the accused present there.
Appeal by Special Leave from the Judgment and Order dated the 26th August.
On going inside, the Inspector found the dead body of Abdul Hamid Khan lying in the verandah of the house.
Dr. J. B Singh, who performed the post mortem examination on the dead body of the deceased, found 10 injuries caused with blunt weapon an the body.
Shafi, the accused closed the door of the house.
The Inspector found a number of person present outside the house of Modh.
Death was due to asphyxia as a result of strangulation of the neck.
1970 of the Allahabad High Court Lucknow Bench in Criminal Appeal No.
Post mortem examination on the dead body was performed by Dr. J. B. Singh at Bahraich on June 18, 1967 at 3 p.m. Nawab Ali appellant surrendered himself in Court on June 23, 1967.
8 of 1968.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The six accused present inside the house were taken into custody.
At the trial Nawab Ali appellant, with whom we are companycerned, denied the prosecution allegations about his companyplicity and stated that he had been falsely involved in this case because of enmity with Puttan Khan.
Nawab Ali alone then came up in appeal to this Court by special leave.
The case of the prosecution further is that Nawab Ali had slipped away at the time the accused had emerged out of the house.
20 of 1971.
Those present outside companytinued to stay there.
Each of the seven under section 302 read with section 149 Indian Penal Code.
Abdul Hamid Khan accompanied by Puttan Khan PW 7 left the house of Bahao Khan at about 10 p.m. When the two reached near the house of Siddiq, the seven accused armed with lathis emerged and attacked Abdul Hamid Khan and his companypanion.
P. Rana, for the respondent.
Six of the accused then emerged from the house armed with lathis and threatened those present to go away and that otherwise they too would be assaulted.
for the appellant.
The Judgment of the Court was delivered by KHANNA, J. Nawab Ali and six others including his two sons Naim Khan and Azim Khan were companyvicted by learned Sessions Judge Bahraich under section 302 read with section 149 Indian Penal companye, section 323 read with section 149, Indian Penal Code, section 147, section 342 and section 364 Indian Penal Code.
Nasir Khan and others present there then surrounded the house of Mohd.
Appeal filed by the seven accused was dismissed by the Allahabad High Court.
On the following morning the Inspector prepared the inquest report and sent the dead body to the mortuary.
P. Singh.
Nawab Ali appellant was, however, number present there .
Shafi had been chained from outside and the mother of Mohd.
Lesser sentences of imprisonment were awarded for the other offences.
Five out of the six accused who had companye out then went inside the house Nawab Ali, however, did number go inside the house.
The trial companyrt and the High Court accepted the prosecution case and companyvicted the accused as above.
Rings of the trachea and hyoid bone, were fractured.
P. Yniyal, R. Bana and 0.
Blood Was found in the tissues of the, neck .
The appellant was number among those six accused It can therefore, be said that the appellant was inside the house of Mohd.
