MOHD AHMAD Vs. STATE OF U P
LAWS(ALL)-2005-10-168
HIGH COURT OF ALLAHABAD
Decided on October 26,2005

MOHD AHMAD Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

Imtiyaz Murtaza, J. - (1.)The above appeals are preferred against the judgment and order dated 15.10.1981 passed by V Addl. Sessions Judge, Bareilly in S.T. No. 419 of 1980 whereby the appellants have been convicted under sections 302/149, I.P.C. and sentenced to undergo imprisonment for life. Appellants Wahid and Mohd. Ahmad are further convicted under Sec. 147, I.P.C. and sentenced to one year R.I. Zahid and Hori Lai are further convicted under Sec. 148, I.P.C. and sentenced to undergo imprisonment for two years.
(2.)The C.J.M. Bareilly has reported vide his report dated 21.9.2004 that the appellant Ram Chand has died about 8-10 years back, hence the appeal filed by the appellant Rain Chand has already been dismissed by us by order dated 8.7.2005 as abated. Similarly, the appeal of appellant Hori Lal has been dismissed as abated vide order dated 15.7.2004 on the report of C.J.M. Bareilly dated 29.6.2004 that appellant Hori Lal has died in.police encounter on 15.3.1987.
(3.)Brief facts of the case, mentioned in the report lodged by Mohd. lliyas, are that on 25.11.1979 his brother Atsar Hussain, after taking his meal carne out of the door, Ram Chandra and Hori Kahar resident of village Churai Dalpatur asked him to accompany them as they have to talk with him. The informant had also followed them. At about 12 O'clock when they reached near the Galiyara of the house of Latafat Hussain, Mohd. Ahmad son of Sajjad Hussain resident of Sujatpur, Zahid and Wahid sons of Liyakat Hussain resident of Diyoria, Police station Meerganj District Bareilly came there. Zahid was armed with a country made pistol, Wahid and Mohd. Ahmad were carrying lathis. It is further alleged that as his brother reached at the door of Latfat Hossain on the exhortation of Mohd. Ahmad, Ram Chandar and Hori Lal took out their country made pistols and fired. Afsar Hussain ran towards the courtyard of Latafat Hussain and collapses. Thereafter, Ram Chandar had fired on the head of his brother. He and his brother raised alarm and his uncle Ashfaq Ahmad son of Nazir Ahmad and Zamiluddin son of Ali Mohammad and Ikrar Hussain son of Tajuddin and Zamil Ahmad son of Alauddin came there and tried to apprehend the accused. Ram Chandar, Hori and Zahid reloaded their pistols and threatened them and challenged that they had taken revenge of his brother and all of them ran towards western side. His. brother succumbed to his injuries. He further stated that his brother was under surveillance, he was a member of the Gang of Chhidda Kahar of Churai, Shahid of Diyoriya and Qadeer of the village. About 3-4 days back all of them were killed in a police encounter. The accused had suspected that his brother had conspired with the police and got them killed. His brother was shot dead in a broad day light. It is further mentioned that Mohd. Ahmad was inimical with his brother. Report was registered on 25.11.1979 at 2.15 p.m. at Police Station Meerganj, Bareilly by Head Moharrir Jagvir Singh. He had prepared the Chik F.I.R (Ext. Ka-3) and entered in the G.D. (Ext. Ka-4). After the registration of the case, Jaipal Singe Station Officer commenced the investigation. He recorded the statement of informant Iliyas and thereafter reached at the place of occurrence and prepared the inquest report, which is Ex. Ka-5. He also prepared photo nash, challan nash (Exts. Ka-6 and 7). The dead body was sealed and handed over to the constables Jiraj Singh and Hukum Singh. He had prepared the site plan which is Ext. Ka-8. He had collected the blood stained and plain earth and prepared its recovery memo (Ext. Ka-9). Aster the conclusion of the investigation he had submitted the charge-sheet against the accused (Ext. Ka-10).


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