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2014 Supreme(All) 2602
ALLAHABAD HIGH COURT
Rakesh Tiwari, Kalimullah Khan, JJ.
State - Appellant
Versus
Naushad & Others - Respondent
Government Appeal No. 1659 of 1982 & Along with Criminal Appeal No. 1097 of 1982
Decided On : 25-03-2014
For the Appellant : A.G.A.
For the Respondent: Vivek Prasad Mathur
The main legal point established in the judgment is the consideration of motive, reliable witness testimony, and corroborating medical evidence in determining the guilt of the accused.
Headnote:
Government Appeal - Criminal Law - Section 147, 148, 302/149, 324/149 I.P.C. - The court convicted accused Yamin under Section 304 Part II of I.P.C. and under Section 324/149 I.P.C. Accused Naushad, Akhlaq, and Maqsood were held guilty under Section 324 I.P.C., Mahfooz and Shahroz were convicted under Section 324/149 I.P.C. Accused Naushad was further convicted under Section 324/149. Akhlaq was convicted under Section 324/149 I.P.C. while Maqsood was convicted under Section 324/149 I.P.C. Accused Yamin was awarded a sentence of three years rigorous imprisonment under Section 304 Part II of I.P.C. and he was further sentenced to undergo rigorous imprisonment for six months under Section 324/149 I.P.C. He was further sentenced to undergo rigorous imprisonment for six months under section 148 I.P.C. However, all the sentences were directed to run concurrently.
Fact of the Case:
The case involved a group of accused individuals who were charged with various offenses including murder, causing injuries, and being part of an unlawful assembly. The incident occurred when the accused, armed with weapons, attacked the victims resulting in the death of one individual and injuries to others.
Finding of the Court:
The court found the accused guilty of various charges including murder, causing injuries, and being part of an unlawful assembly. The court also noted the strong motive, reliable testimony of witnesses, and corroborating medical evidence.
Issues: The main issues revolved around the intent and actions of the accused, the nature of the injuries sustained by the victims, and the formation of an unlawful assembly leading to the commission of the offenses.
Ratio Decidendi: The court's decision was influenced by the strong motive, reliable testimony of witnesses, and corroborating medical evidence. The court also considered the nature of the injuries sustained and the formation of an unlawful assembly in reaching its decision.
Final Decision: The Government Appeal was allowed, and the accused were convicted and sentenced accordingly. The accused were directed to surrender themselves to serve out their sentences.
Kalimullah Khan, J.: -
These two appeals connected arise out of the impugned judgment and order dated 5.4.1982 and are entwined by same set of facts and law, therefore, they are being decided together by this common judgment.
2. Government Appeal no. 1659 of 1982 under Section 378 Cr.P.C. ' State of Uttar Pradesh Vs. Nausad and five others' as well as criminal appeal no.1097 of 1982 under Section 374 Cr.P.C. have been filed by accused appellants Yamin and five others challenging the impugned judgment and order dated 5.4.1982 whereby the learned trial court has acquitted the accused Yamin under Section 302 I.P.C. and rest of the accused acquitted under Section 302/149 I.P.C. but convicted accused Naushad, Akhlaq, Yamin, Maqsood under Section 148 I.P.C. while accused Mahfooz and Shahroz under Section 147 I.P.C. Accused Yamin was convicted under Section 304 Part II of I.P.C. and under Section 324/149 I.P.C. Accused Naushad, Akhlaq and Maqsood were held guilty under Section 324 I.P.C., Mahfooz and Shahroz were convicted under Section 324/149 I.P.C. Accused Naushad was further convicted under Section 324/149. Akhlaq was convicted under Section 324/149 I.P.C. while Maqsood was convicted under Section 324/149 I.P.C. Accused Yamin was awarded sentence of three years rigorous imprisonment under Section 304 Part II of I.P.C. and he was further sentenced to undergo rigorous imprisonment for six moths under Section 324/149 I.P.C. He was further sentenced to undergo rigorous imprisonment for six months under section 148 I.P.C. However, all the sentences were directed to run concurrently.
3. Accused Naushad, Akhalaq, Maqsood, Mahfooq and Shahroz were granted benefit of Section 4 of U.P. Probation of First Offenders Act. Instead of sentencing them to any punishment at once learned trial court released them on probation of good conduct on their entering into a bond of Rs.3000/- with two sureties each in the like amount to appear and receive sentence whenever called upon during a period of two years and in the meantime to keep the peace and be of good behaviour.
4. Against the aforesaid judgment and order, Government Appeal was filed to set aside the order of acquittal of all the accused for an offence punishable under Sections 147, 148, 302/149 & 324/149 I.P.C. and convict & sentence them according to law whereas criminal appeal was filed with prayer to set aside the conviction and sentence of the appellants and acquit them of the charges levelled against them.
5. During the pendency of these appeal, accused Naushad, Maqsood and Mahfooz (respondents no.1, 4 & 6) have died, therefore, appeal filed against them has been abated vide order dated 2.2.2012. This appeal pertains to respondents no. 2, 3 & 5.
6. Khizar Mohammad S/o Sharif Khan, Muslim Rajpoot, R/o village Raghunathpur, P.S. Narsaina, District Bulandshahar lodged a written report Exhibit Ka-1 with Police Station Narsaina, District Bulandshahar on 19.5.1979 at about 9: 30 P.M. after covering a distance of 5 KM from the scene of incident to the police station concerned with an accusation that on 19.5.1979 the Buggi (Bullock-cart) of accused-Yamin stucked in the mud in thorough fair near mosque of the village. Yamin hurled abuses to Niaz Mohammad (deceased) which was objected to by him. After extending threats that 'Tera Dimag Kharab Hai Tujhe Bhugutuga' went to his house. The same day after some time at about 6: 30 p.m. on 19.5.1979, he (Yamin), Naushad, Akhalaq & Maqsood armed with knife, Shahroz empty handed and Mahfooz having lathi came to the shop of Niaz Mohammad wherein his brother first informant Khizar Mohammad, Ishtikhar S/o first informant and Anwar S/o Khairati were already there in the shop and were talking to each other. Accused Mahfooz wielding lathi stood outside the shop of the door and exhorted 'Mar do salon ko' whereupon Shahroz caught hold off Niaz Mohammad and Yamin attacked him with knife in his stomach. Informant was attacked with knife by Maqsood; Naushad attacke
