AYYUB Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present criminal appeal calls in question the correctness of the order dtd. 27/7/2023 passed by the High Court of Judicature at Allahabad in Application under Sec. 482 Cr.P.C. No. 25969 of 2023. By the said order, the High Court declined to quash the proceedings instituted against the appellants under Sec. 306 of the Indian Penal Code, 1860 (for short 'IPC').

(2.) The facts of the case are rather unfortunate. It has its origin in a suspected relationship between the son of the first appellant, one Ziaul Rahman (since deceased) and Tanu (since deceased), the cousin sister of respondent no. 2.

(3.) On 2/11/2022 at 19:15 hrs, the first appellant Ayyub lodged a first information report alleging that Bhuru @ Janeshwar (relative of deceased Tanu), Maneshwar Saini (father of deceased Tanu), Priyanshu, and Shivam (brother of Tanu) beat his son Ziaul Rahman with sticks and fists. According to the complaint, this was on suspicion about the relationship between Ziaul Rahman and Tanu. According to the FIR, the incident was witnessed by Saleem Ahmed and Abdul Rehman. It was also averred that while being taken for treatment, after being referred to a higher centre by Medigram Hospital, Saharanpur, Ziaul Rahman died. It was mentioned that the body was kept in the mortuary and the first appellant had come to the police station and lodged First Information Report No. 366 at PS Rampur Maniharan, District Saharanpur. According to the prosecution, Ziaul Rahman suffered 14 injuries on his body and the cause of death was shock and haemorrhage due to ante mortem injuries. Pursuant to the investigation, a charge-sheet has been filed and charges have been framed for commission of offence under Sec. 304 IPC. We are informed that proceedings at the behest of the family of Ziaul Rahman for enhancement of the charge to Sec. 302 IPC are pending.