SHAMSUL QAMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Shamsul Qamar and others have applied for the transfer of S.T. No. 245 of 1989 (State v. Shamsul Qamar and others) pending the court of Sessions Judge, Bulandshahr to some other nearby Sessions Division.

(2.) Smt. Farmoodan Begum, who died in Delhi, had made an oral will prior to her death that her dead body was to be cremated in the family grave-yard in village Sakhini P.S. Jahangirabad district Bulandshahr. The dead body of Smt. Farmoodan Begum was brought to village Sakhini for burial on 1-2-1989. Because the family members of Smt. Farmoodan Begum had enmity with the party of Sham sul Qamar, a report was made at P.S. Jahangirabad with the request to provide Police protection to the family members of Smt. Farmoodan Begum at the time of burial of the dead body. Consequently, some Police personnel were deputed and had accompanied the dead body. While preparation for burial was being made in family grave-yard in village Sakhini, the case of the prosecution is, the accused persons armed with fire-arms came there and started firing upon the family members of the deceased. The occurrence did take place in which 10 persons from the side of the first informant and one person from the side of the accused are said to have perished. A report of the occurrence was lodged and after routine investigation, a charge-sheet was submitted against Shamsul Qamar and 21 others.

(3.) The allegations of the applicants are that the occurrence was a sensational one and was flashed in newspapers and had generated a lot of interest in the neighbouring area. Because the occurrence took place in presence of Police Armed Guard, the District Administration has now made it a prestige point and they are out to see that the conviction is made in the case. The Pairokars of the applicants are harassed almost on every date fixed in the case and no local lawyer worth the name is willing to appear on behalf of the applicants. The Investigating Officer i.e. Shri K.N. Shukla, who is still posted in Police Station Jahangirabad as Station Officer, is out to liquidate the applicants and an in this regard was made by him when sought the presence of the accused persons in the court of the Sessions Judge on 8-8-1989 although the case was not listed for hearing on that date.