The court emphasized that the aggressor has no right of private defence, and the injuries caused to the deceased were sufficient in the ordinary course of nature to cause death, leading to the conviction of the appellants-accused under section 302 read with section 149 IPC.

VIJAY KUMAR VERMA, J.

( 1 ) THIS appeal is directed against the judgment and order dated 29th June 1982, passed by 2nd Additional Sessions Judge Meerut, in S. T. No. 642 of 1976 (State vs. Hameed and others), whereby acquitting the co-accused Hameed, Riyasat, Dilshad s/o Hakeem, Intizar, Ilyas and Abid, the appellants-accused Munaf, Dilshad s/o Shabbir and Shakhawat have been convicted and sentenced to undergo imprisonment for life under section 302 read with section 149 Indian Penal Code (in short the ipc) and one years rigorous imprisonment under section 148 IPC. By the same judgment, the appellants-accused Khalid and Bhoorey have also been convicted and sentenced to undergo imprisonment for life under section 302 read with section 149 IPC and six months rigorous imprisonment under section 147 IPC. No separate sentence under sections 323 and 307 both read with section 149 IPC has been awarded in view of the sentence under section 302/149 IPC, although these appellants were charged under section 323/307 read with section 149 IPC also.

( 2 ) DURING the course of appeal, the appellants-accused Munaf and Bhoorey died and hence the appeal against them has abated.

( 3 ) BACKGROUND facts as projected by the prosecution, in a nutshell, are as follows:-The house of the complainant Aurangzeb s/o Yusuf was situated adjacent to the house of Hameed s/o Lateef in Mohallah Mausam Khani of Kasba Kithore, under the jurisdiction of P. S. Kithore, District Meerut. On 02. 08. 1976 in the morning, Munaf and Bhoorey, both sons of Hameed, had dug the foundation with a view to construct their house. In the process of digging the foundation by Munaf and Bhoorey, the wall of the house of the complainant fell down. Shokin (deceased), brother of the complainant, lodged an FIR regarding that matter at P. S. Kithore. At that time, the complainant was in Baghpat. He was called next day by Shokin. It is alleged that when on 03. 08. 1976 in the morning, the complainant was collecting people to hold the panchayat in the matter of causing damage to the wall of his house, the accused Hameed, Munaf, Bhoorey, Abid, Khalid, Dishad s/o Hakeem, Intzar, Dilshad s/o Sabbir, Riasat, Shakhawat and Iliyas assembled at the house of Hameed and after making plan they all ascended on his roof. At that time, the accused Munaf and Dilshad s/o Shabbir were armed with guns and accused Sakhawat was having a country made pistol (katta ). Other accused were having bricks in their hands. Making exhortation, the accused persons began to throw bricks indiscriminately towards the house of complainant, due to which, Aurangzeb, his brother Shokin and Yameen, neighbour Noor Khan and Smt. Akbari sustained injuries. On this the complainant and his brother Shokin and Yameen raising noise came out from their house and ascended on the roof of the house of their neighbour Akhlaq. On hearing hue and cry, the neighbour Tausif s/o Liyakat, Naqi s/o Lateef, Jameel s/o Mustaq also ascended on the roofs of their houses. Thereafter, the accused Munaf, Dilshad and Shakhawat fired shots from their respective fire arms towards the complainant and other persons of his side, due to which Yameen, Shokin and neighbour Noor Khan, who also had ascended on the roof of Akhlaq along with complainant, sustained fire arm injuries. The complainant saved himself taking the side of munder. On hearing the noise of fires, many people of the village arrived there. Seeing those people, the accused persons came down from the roof and fled away. This incident had happened at about 8. 00 a. m. Further case of the prosecution is that Shokin died during treatment in District Hospital Meerut on 08. 08. 1976.

( 4 ) CARRYING the injured persons, the complainant Aurangzeb went to P. S. Kithore and handed over written report Ext. Ka 1 there, which was got scribed from Tarif Ahmad s/o Abdul Waheed. On the basis of this written report, the then head moharrir Ram Swaroop prepared chick FIR Ext. Ka 20 and registered a case under secti

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