ASGAR HUSSAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Eight accused Asgar Hussain, Talib, Ilyas, Israil, Mashooq, Akhtar, Jarrar and Afsar were convicted by the Civil and Sessions Judge Moradabad for an offence under Section 302 read with S. 149 Indian Penal Code and other minor offences. Asgar Hussain and Israil were sentenced to death, while the remaining six accused were sentenced to undergo imprisonment for life. Sentences of imprisonment for minor offences were also imposed upon the eight accused. On appeal and reference, the Allahabad High Court acquitted Mashooq, Akhtar, Jarrar and Afsar. The conviction of the remaining four accused was altered to that under Section 302 read with S. 34 Indian Penal Code. Their conviction for minor offences too was maintained. The High Court affirmed the death sentence of Asgar Hussain, while that of Israil was converted into one for imprisonment for life. Sentence for imprisonment for life imposed upon Talib and Ilyas was maintained. Asgar Hussain, Talib, Ilyas and Israil then applied to this Court for special leave to appeal against the judgment of the High Court. The application of Talib, Ilyas and Israil was dismissed. Leave was granted to Asgar Hussain but it was limited only to the question of sentence.

(2.) As mentioned earlier, the only question with which we are concerned is whether the sentence of death awarded to Asgar Hussain should be maintained or whether it should be converted into one for imprisonment for life. In this respect, we find that the High Court was converted the death sentence of Israil into one or imprisonment for life. The part played by Asgar Hussain was not materially different from that played by Israil and if Israil could escape the extreme penalty, we find no particular reason as to why there should be differentiation in the matter of sentence so far as Asgar Hussain appellant is concerned. The fact Asfar Hussain is a village pardhan and is the leader of the party of the accused would not, in our opinion, justify differentiation in the matter of sentence. We would accordingly accept the appeal of Asgar Hussain to the extent of converting his sentence of death into one for imprisonment for life.