JAIKAM KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present appeals arise out of the common judgment and order passed by the Division Bench of the High Court of Judicature at Allahabad dated 18th May, 2018, in Reference No.01 of 2016 and, Capital Case No.602 of 2016 and Capital Case No.844 of 2016, thereby confirming the judgment and order of conviction dated 2nd January, 2016 and the order of death sentence dated 11th January, 2016 awarded to original accused Nos. 1, 3 and 4 by the Additional Sessions Judge, Bulandshahr. Vide the said impugned judgment dated 18th May, 2018, the High Court has, however, allowed the appeal of the original accused No.2­Nazra and set aside the conviction under Sec. 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC ") and the death penalty awarded to her.

(2.) Being aggrieved, Criminal Appeal Nos. 434­436 of 2020 are filed by Jaikam Khan (Accused No.3); Criminal Appeal Nos. 437­439 of 2020 are filed by Sajid (Accused No.4); and Criminal Appeal Nos. 440­441 of 2020 are filed by Momin Khan (Accused No.1); whereas Criminal Appeal No. 442 of 2020 is filed by Ali Sher Khan, the first informant (P.W.1) (hereinafter referred to as "P.W.1­Ali Sher Khan ") being aggrieved by the order of acquittal of original accused No.2­Nazra.

(3.) Appellant­Momin Khan (A­1), deceased Shaukeen Khan, P.W.1­Ali Sher Khan and Kallu Khan are the four sons of deceased Mausam Khan (father, aged about 85 years) and deceased Asgari (mother, aged about 80 years). Deceased Shanno (aged about 30 years) is the wife of deceased Shaukeen Khan, whereas deceased Samad (aged about 8 years) is the son of deceased Shaukeen Khan and deceased Muskan (aged about 15 years) is the niece of P.W.1­Ali Sher Khan.