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PETITIONER: ALI AHMAD & ORS.

       Vs.

RESPONDENT: STATE OF U.P.

DATE OF JUDGMENT:       26/02/1998

BENCH: G.T. NANAVATI, V.N. KHARE

ACT:

HEADNOTE:

JUDGMENT:                THE 26TH DAY OF FEBRUARY, 1998 Present :                Hon’ble Mr. Justice G.T. Nanavati                Hon’ble Mr. Justice V.N. Khare Jayant Tripati, Adv. for the appellants Anees Ahmed  Khan, Ms.  Kamakshi S.  Mehlwal,  A.S.  Pundir, Advs. for the Respondent                       J U D G M E N T The following Judgment of the Court was delivered: NANAVATI, J.      We have heard learned counsel and also gone through the evidence and  the judgment  of the  High Court. We find that the findings  recorded by  the High  Court are  correct. The evidence of four witnesses, namely, Nathu, Dilawar, Jameelan and Nanhey clearly establishes that Mahmood died as a result of the  shots fired  by Ali  Ahmad and  Mahmod Sher and that Jameelan and  Nanhey received  injuries as  a result  of the shots fired  by those  two accused.  The manner in which the appellants had  assaulted Nathu  initially  and  chased  him right up  to the  house of Mahmood, their entering the house of Mahmood  and then  firing shots  at him  and his wife and child, when  Mahmood had  protested, clearly  indicate  that both Ali  Ahmad and  Mahmod Sher had acted in concert and it was in  furtherance of  their common intention that they had caused death  of Mahmood and bodily injuries to Jameelan and Nanhey. The  High Court  was, therefore, right in convicting Ali Ahmad  and Mahmod Sher for the offences punishable under Section 302  read with  34 IPC  and Section 307 read with 34 IPC. The  other three  accused were  rightly convicted under Section 324 read with Section 149 IPC only.      This appeal is, therefore, dismissed.      The appellant  Nos. 2-5  are on  bail. Their bail bonds are cancelled.  They are directed to serve out the remaining part of their sentence.