WASIM AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed by the appellants against the judgement and order dated 06.04.2018 passed by Additional District and Sessions Judge, Fast Track Court - 2nd, Hapur in S.T. No. 21 of 2016 (State of U.P. Vs. Wasim and others), Case Crime No. 489 of 2015 under Sections 452, 323/34, 307, 120-B, 324/34, 325/34 IPC, PS - Garhmukteswar, District Hapur by which the appellants have been convicted and sentenced to undergo four years ' rigorous imprisonment for the offence punishable under Section 452 IPC with a fine of Rs. 2,000/- each and in default in payment of the fine an additional imprisonment of one month was directed to be served out by them; one year 's rigorous imprisonment for the offence punishable under Section 323/34 IPC with a fine of Rs. 500/- and in case of default in payment of the fine, ten days additional imprisonment was directed be served out by each of them; seven years ' rigorous imprisonment with a fine of Rs. 1,000/- for the offence punishable under Section 307/34 IPC and in default in payment of the fine an additional imprisonment of five months was directed be served out by each of them; three years ' rigorous imprisonment with a fine of Rs. 1,000/- for the offence punishable under Section 324/34 IPC and in default in payment of the fine an additional imprisonment of 15 days was directed be served out by each of them; and three years ' rigorous imprisonment with a fine of Rs. 1,000/- for the offence punishable under Section 325/34 IPC and in default in payment of the fine an additional imprisonment of 15 days was directed be served out by each of them. It was also directed that all the sentences will run concurrently.

(2.) The prosecution story in brief is that on 11.10.2015 an application was given by the complainant Khalid son of Yameen, resident of village - Dautayee, Police Station - Garhmukteshwar, District Hapur to register a First Information Report and it was alleged therein that his neighbour Waseem son of Rashid has made a phone call and has began to ask the complainant 's sister to marry with him. It was further alleged that today, on 11.10.2015 the complainant was present at home with his brother Salman and Irfan, the accused persons namely Waseem, Shakeel, Vakeel all sons of Rasheed and Shafique with his brothers having in their hands sariya, daranti, lathi and Vakeel having in his hand a tamancha entered into the house of the complainant. They told the complainant and his brothers that for two days they had started asking the complainant 's sister to marry but she was not listening to them. The complainant denied to marry his sister, at which being annoyed the aforesaid four brothers started to beat the complainant 's brothers Salman and Irfan in the morning at about 9:00 o ' clock. Jaheer son of Shaheed, a resident of the complainant 's village, tried to save the brothers of the complainant, then, Vakeel at the instance of his brothers fired a shot with his tamancha at Jaheer who fell down on the ground due to the serious injuries caused by firearm. The complainant 's Ammi Smt. Shamim and sister Gulista, who tried to save, were also beaten and caused injuries. It was also alleged therein that Aamir son of Shafique has caused happen this entire mar-pit in a preplanned manner. Jaheer who was seriously injured, was sent straightway to Meerut for treatement. It was also alleged that this incident was witnessed by the complainant, his brother, Ammi and sister as well as Arif son of Jamshaid resident of village Dautayee and others. Lastly, it was said that Arif had seen Aamir who was planning for causing the aforesaid incident along with his Abbu and Chacha.

(3.) On the basis of the aforesaid tahreer (Ext. Ka-1), the First Information Report (Ext. Ka-19) was registered at Police Station Garhmukteshwar and in respect to that necessary entry (Ext. Ka - 20) in G.D. was made.