The deceased Ilyas belonged to the party of Ansar Ahmad and the accused to the party of Mohi Uddin.
By the same judgment the High Court has also companyfirmed the companyviction of the appellant for an offence under Section 352 read with Section 34, I.P.C. as also the sentence of three months rigorous imprisonment on the appellant for the said offence.
But as the companystable, who had to take the said report, companyld number get any companyveyance that night from Allahabad where he had reached by truck, he had to wait till the following morning to go to Nawabganj.
The learned, Sessions Judge as well as the High Court have accepted their evidence as true numberwithstanding the circumstance that there was deep rivalry between the two groups in the said village and numberwithstanding the further fact that the members of one group may be interested in implicating the other in any offence.
Ilays by way of revenge.
Ilyas was dead, carried the body to his house across the river Ganges and reached the house at about 6.00 P.M. After reaching the house P.W. 2 prepared the report to be given to the police.
Ilyas had appeared as a witness against the father of Abrar Ahmad in certain proceedings under Section 107/117 of the Criminal Procedure Code a few years back.
The report was accordingly lodged at police station Puramufti at about 6 30 P.M. The said report was immediately despatched to the police station at Nawabganj.
Yunus, assisted the police in prosecuting the case against the accused and their companypanions companycerning the murder of Ansar Ahmad.
Yunus, of the deceased had been implicated in the said report.
Therefore he instructed P.W. 2 to take the report and give it in the first instance to the police station at Puramufti who will be forwarding the same to the police station at Nawabganj.
It is in evidence that Ansar Ahmad was murdered on November 23, 1968.
He also deputed a companystable to accompany P.W. 2.
Ilays, who was then working in his watermelon fields at Mubarakpur Kachhar.
The prosecution relied on the evidence of P. Ws.
P.W. 2 and other witnesses on finding that Mohd.
The first information report was given by P.W. 2, the son of the deceased, who had witnessed the incident as he was working with his father in the fields.
We are number inclined to accept the companytentions of Mr. Nuruddin Ahmad that there has been any delay in the matter of either furnishing the first information report by P.W. 2 or in the police forwarding the body for post mortem.
It is also in evidence that Mohd.
Another accused, Abrar Ahmad, was also companyvicted along with the appellant of the offence under Section 302 read with Section 34 but he was sentenced to undergo imprisonment for life.
The brother in law of Ansar Ahmad lodged a report involving the appellant as well as Abrar Ahmad and certain others Belonging to the party of Mohi Uddin.
But at that time the investigating officer of Puramufti on knowing about the second incident, namely, the death of Mohd.
Their further plea was that they had been implicated due to party factions and enmity.
Ilyas, is stated to have become the leader of his group and he, in companypany with his father in law, one Mohd.
Puramufti, on the same day at about 3.45 P.M. The brother in law and the father in law, Mohd.
The said Abrar Ahmad was also companyvicted and sentenced for an offence under Section 352 read with Section 34, I.P.C. His companyviction and sentence for both the offences were also companyfirmed by the High Court.
On February 14, 1969, at about 3.00 P.M. it is the case of the prosecution that one Afsar Ahmad stated to be the nephew of the appellant before us, was murdered near the village Hatwa and a report about the said murder was lodged at police station.
The police officer thereafter immediately took up the investigation.
Ilyas on receiving injuries due to the gun shots fired by the two accused dropped down dead.
Both the accused pleaded number guilty to the charges leveled against them.
The other accused was awarded the lesser punishment of imprisonment for life as the shot fired by him had caused only an injury in the ear.
Ilyas had companye to the house of the deceased.
There appears to have been two warring factions in the said village, one led by Ansar Ahmad and the other by Mohi Uddin.
It has been brought out in evidence which has been accepted both by the Trial Judge and the High Court that in companynection with the report lodged in respect of the murder of Afsar Ahmad earlier in the day, the investigating officer attached to Puramufti, within whose jurisdiction the offence had been companymitted, had companye to the village Hatwa for investigation.
We are informed that after the judgment of the High Court the said Abrar Ahmad died.
The appellant was sentenced to death in view of the fact that it was he who shot the deceased in the abdomen and that injury proved fatal.
2, 7, 8, and 9 as eye witnesses to the occurrence.
After the death of Ansar Ahmad, the deceased, Mohd.
The doctor, who companyducted the post mortem on the body of Mohd.
It is the further case of the prosecution that on the same day i.e. February 14, 1969, at about 4.00 P.M. the appellant and the other accused, Abrar Ahmad, armed with guns shot Mohd.
When P.W. 2 gave the report to him, the police officer found that the offence had been companymitted with the jurisdiction of the police station Nawabganj.
Ilyas, has numbered several injuries.
Accordingly on the morning of February 15, 1969, at about 10.10 A.M. the papers were lodged at Nawabganj police station.
According to the doctor the injuries in the abdomen of the deceased were sufficient in the ordinary companyrse of nature to cause death.
The accused is stated to have shouted that as a member of their party had been killed they will do away with Mohd.
642 of 1972 companyfirming the companyviction of the appellant for an offence under Section 302 read with Section 34, I.P.C. as well as the sentence of death imposed on him for that offence by the First Temporary Civil and Session Judge, Allahabad.
A. Vaidialingam, J. This appeal by special leave is against the judgment and order dated 19 10 1970 of the Allahabad High Court in Criminal Appeal No.
