Appellant prosecutor State has come up in this appeal against impugned judgment and order dated 4.4.1991 passed by VIIIth Additional Sessions Judge, Moradabad in S.T. No. 420 of 1990, State Vs. Irfan and ten others relating to P.S. Didauli, District Moradabad by which learned trial Judge has acquitted all the accused respondents herein namely IrfanA1), LaddanA2) Babu A3) JulfikarA4), Mohd. IslamA5), AfsarA6), KamreyAlamA7), AarifA8), RabbuA9), JulfeyA10) and NaushadA11) of the charged offences under sections 147, 148, 302/149, 307/149 I.P.C.

2. At the very threshold, we would like to point out that leave to appeal was granted and appeal was admitted on 16.7.1992. Pending final outcome, three of the accused respondents expired. Accused-respondent Irfan A1), died in an accident on 22.12.2010, which fact is evident from C.J.M., Moradabad's report dated 29.6.2013. Similarly respondent Laddan A2), according to C.J.M., Moradabad's report dated 7.2.2008 had died and in his respect this appeal already stands abated vide order dated 24.4.2008. Accused respondent Babu A3) had also died and concerning him also this appeal was abated on 24.10.2002. We therefore have to adjudicate this appeal only against surviving accused respondents A4) to A11) as above.

3. Narrated briefly, prosecution allegations against respondents accused, as are deciphered from the written FIR Ext. Ka-1 and testimonies of fact witnesses, informant Minzar HussainP.W. 1), injured eye witness ChhiddaP.W. 2) and eye witness Mohd. AlamP.W. 3), are that one Safi resident of village Bhikhanpur Muntha, P.S. Didauli had three sons Yaqub, Mohd. Iqlakh, Shah Mohammad. Mohd. Iqlakh had two sons Sadi and Saifulla. Sadi also had three sons Yaqub, Mohd. Iqlakh and Shah Mohammad. Witness Tasleem is the son of Yaqub. Ishtiyak Hussaindeceased/D-1), father of informant Minzar HussainP.W. 1), and Ishak Hussaindeceased/D-2) were sibling brothers both being sons of Mohd. Iqlakh. Shah Mohammad had a son Alam and Saifulla had a son Mazeed. Injured ChhiddaP.W. 2) and eye witness Gaffar are the sons of Mazeed.

4. In village Bhikanpur Muntha, Ishtiyak HussainD-1), although was continuously elected village pradhan since last fifteen years but in the last election held two years ago to the present incident, he was defeated by one Chhatar Singh Jat supported by accused respondents. On the polling day in that election a tiradic altercation had occasioned in between A1) and A2) and D-1) and this had impregnated a feeling of revengeful animosity in the minds of the accused respondents.

5. On the incident date 7.1.1990 at 2 P.M., Minzar Hussain informantP.W.1) along with his father Ishtiyak HussainD-1), uncle Ishak HussainD-2), Gaffar, Zahid, Mohd. AlamP.W.3) and Tasleem were proceeding towards Sunday market of Joya for purchasing cereals, vegetables and other commodities in the tractor trolley of Chhiddainjured/P.W.2) plied byP.W.2) himself. After covering some distance from the village when the tractor trolley reached near the field of Fatte then, from the adjoining sugarcane field of Ram Pal, all the accused respondents, IrfanA1) armed with rifle) and rest of the accused respondents AarifA8), LaddanA2), BabuA3), JulfikarA4) all sons of Nawab Jan, AfsarA6), Kamrey AlamA7)sons of Afsar), Mohd. IslamA5) all residents of village Bhikhanpur Muntha and accused-respondents JulfeyA10) and RabbuA9), both sons of Bhoore and NaushadA11)all the three residents of village Munda Ikiya, P.S. Didauli, Moradabad) armed with country made pistols with LaddanA2) having a country made rifle came out firing and approached towards the trolley. They challenged to stop the tractor but ChhiddaP.W. 2) did not adhere to the challenge. On this, accused respondent JulfeyA10) fired at him, which caused a grazing gun- shot injury on the forearm of ChhiddaPW2). Sustaining injury, ChhiddaP.W. 2) stopped the tractor. All the accused then surrounded the tractor trolley. IrfanA1) vetuparised Ishtiyak HussainD-1) and said