Convictions under IPC affirmed where delay in FIR was explained, motive established, and direct testimonies supported by medical evidence.

1. This criminal appeal has been preferred by the accused appellants against the judgement and order dated 4.3.2011 passed by the Additional District & Sessions Judge / Special Judge, Muzaffarnagar in Session Trial No.453 of 2005 (State v. Jumedin and Others) convicting and sentencing the appellants for the offences punishable under S.147, S.148, S.307/149 IPC . Fine was also imposed.

2. The facts of the case, as unfolded by the informant Ishak son of Man Khan in the First Information Report (in short 'F.I.R.'), are that on 23.2.2002 at about 5.00 p.m., Jumedin and Shakir were trying to have illegal electric connection by putting cable in front of the house of complainant's nephew. Gayur, the nephew of the informant and Nasib Ali, the grand son of the informant forbade them from taking illegal electric connection, which caused great infuriation and wrath to Jumedin and Shakir. Jumedin and Shakir proceeded towards their houses threatening Gayur and Nasib Ali to face dire consequences. After a while, Jumedin & Tahir son of Umarjan, Umerjan son of Ramzan, Ismail alias Kalloo, Shakir, Shakoor son of Ayyub and Ayyub son of Ramzan equipped with country made pistol, spear and lathi assaulted Gayur and Nasib with their respective weapons. Hearing the sound of firing and also shrieks of the injured, the informant and other persons reached on the spot. Gayur and Nasib sustained fatal injuries hence both were hospitalized in the Government Hospital, Muzaffarnagar. The nephew of the informant was serious, hence could not lodge FIR in the evening itself.

3. On the basis of the written report (Ext. ka - 1), chik First Information Report (Ext. Ka - 6) was registered at Police Station concerned on 24.2.2002 at 8.00 a.m. mentioning all the details as had been described in Ext. Ka - .1. G.D. entry( Ext. Ka - 8) was also made at the same time.

4. Investigation in the matter was started by the Investigating Officer. He inspected the place of occurrence and prepared site plan (Ext. ka - 11). The Investigating Officer also recorded statements of witnesses.

5. Injured Nasib Ali was medically examined on 23.2.2002 at 6.15 p.m. by Dr. Narendra Kumar. Following injuries were found on his body:
“Lacerated wound 5.0 cm x 0.7 cm bone deep on left torrent. Parietal region of skull, 9.0 cm above the left ear and 6.0 cm above the left eyebrow.”

6. According to the doctor, the injuries were caused by blunt object.

7. Injured Gayur Ali was also medically examined on the same day at 6.30 p.m. Following injuries were found on his body:
“(i) Lacerated wound 5.2 cm x 8.5 cm x bone deep on right side of temporal region of skull, 8.5 cm above the top of right ear.
(ii) Gun shot wound of entry 5.5. cm x 2.0 cm muscle deep on right side of neck, 4.5 cm below the angle right mendobil and 4.0 cm above the middle of left clavicle.
(iii) Stab wound 2.0 cm x 0.7 cm abdomen cavity deep on right side of abdomen, not probed, 4.5 cm above the right iliac crest.
(iv) Gun shot wound of entry 0.75 cm x 0.5 cm muscle deep on postero lateral aspect of right thigh, 24.0 cm above the right pop literal tossa Margin are inside & lacerated. Bleeding on touch present.
(v) Gun shot wound of Exit 1.2 cm x 0.8 cm corresponding to injury no.(iv) i.e. wound of entry. Margins are everted & lacerated.”

8. According to the doctor, injury nos. (ii), (iv) & (v) were caused by fire arm. X - ray was advised.

9. On 23.2.2002, Dr. V.P. Singh has operated the injured Gayur Ali and following injuries were found on his body:
“(i) A gutter shaped wound front of Rt. Side neck. All the tissues up to carotid artery damaged, external jugular vein bleed profus