NAUSHAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been directed against the order dated 3-9-2001 passed by the Additional Sessions Judge (Court No. 1), Kanpur Dehat in S. T. No. 403 of 1997 summoning the applicants for trial along with other co-accused under Section 319 Cr. P.C.

(2.) On 26-8-1995 at about 10.30 a.m. Smt. Sunaina opposite party No. 2 lodged a report at P.S. Mangalpur against applicants and 8 other persons namely Uma Shankar, Matandi, Beenu,Saheed Ahmad, Munney Khan, Naushad alias Pappu, Nasir Ahmad,Aquil, Rayees, S.I. D.D. Singh, constable Kanaujiya and Constable Preetam Singh with the allegation that on 26-8-1995 at about 8.00 a.m. her husband Mahendra Pal Singh had gone to Sandalpur crossing. Accused Uma Shankar and Diwakar r/o Sandalpur came there. Observing them her husband said that Lakhpati had come. On this the above persons started abusing her husband. When her husband came back to his house he narrated the story to the complainant. Taking his licensed gun her husband went to lodge report at Police Outpost Sandalpur. His younger son Nitin also went with him. After some time Nitin came back weeping home and told to the complainant that the accused persons had surrounded her husband and were abusing. On said information complainant went to Sandalpur Outpost which was at a distance of 100 paces from her house. There she observed that Ram Gopal was trying to snatch the licensed gun of her husband and in the meantime gun was fired due to which Ram Gopal and Dhruva Darshan fell down. Her husband tried to run away, but in the mean time constable Preetam Singh caught hold of him and took him to Police Outpost along with gun. By that time the two injured had died. Matandi, Beenu, Sayeed Ahmad, Munney Khan. Nausad, Naseer Ahmad, Aquil and Rayees Ahmad started causing injuries to her husband with brick bats. The complainant asked constable Pretam Singh Yadav to save her husband. But he told that let him be killed as he so deserved. By the injuries caused by the above persons her husband died on the spot.

(3.) On the basis of the above report a case at crime No 2124 of 1995 was registered under Sections 147, 302 and 120-B I.P.C. against the applicants and 8 other persons.