ALI HASAN Vs. STATE OF U P

JUDGEMENT

(1.) This appeal arises out of the judgment and Order dated 7.12.2007 passed by the Additional Sessions Judge, Hardoi in Sessions Trial No. 239-A/94, whereby the Appellant-Ali Hasan has been convicted under Section 148 Indian Penal Code and sentenced to undergo R.I. for one year, under Sections 436/149 Indian Penal Code to undergo ten years RI and a fine of Rs. 1,000/-, failing which fifteen days' period of simple imprisonment. The Appellant has further been convicted and sentenced to rigorous imprisonment for life under Section 302/149 Indian Penal Code and a fine of Rs. 1000/-, failing which, fifteen days additional simple imprisonment. All these sentences have been directed to run concurrently. However, it may be pointed out that trial Court has acquitted the Appellant under Section 307/149 Indian Penal Code and Section 364/149 Indian Penal Code.

(2.) At the outset, it is relevant to mention that there were several accused persons, who were earlier convicted and sentenced by the trial Court, vide its judgment and order dated 17.8.2000. Five accused persons, who were involved in the incident, were sentenced to death by the Trial Court and their reference was registered as Capital Sentence Reference No. 6 of 2000. Other accused persons, who were also convicted preferred criminal appeals before this Court. This Court, vide judgment and order dated 26.9.2003, decided the appeals and reference finally by a common order acquitting some of the accused persons and converting capital sentence to life imprisonment of other accused persons.

(3.) In short, the prosecution case is that informant Mussu (P.W.5) lodged a written report (Ext. Ka 9) at the police station Sursa with the allegation that on 3.3.1994 at about 5.45 P.M., Lallan, Babu, Farooque, Rafique, sons of Jaffu, village Odra Newalia, Police Station Sursa and Noor Mohammad, son of Babu Fakir, Naushad son of Nawab Ali, Fakir, village Kudrauli, P.S. Sandi, Smt Sundara and Smt. Rajanna, daughter of Jaffu, Ali Sahab son of Babu, Anil Kumar Singh son of Kalyan Singh, Farooque son of Babu, Kallu son of Barat Ali, Azad son of Nawab Ali, Bhayanu son of Mannu, Asfaque son of Ali Hasan, Gauhar son of Fakire, Mohd. Navi son of Gauhar, Dullu son of Gauhar and three others attacked the inmates of his house with fire arms, Kanta and lathis. On hearing gunshots, hue and cry of the members of family, Auni, Dhanna Kumahar and villagers came at his house. Thereafter, accused Smt. Rajana and Smt. Sundera set his house to fire with kerosene oil and petrol, as a result of which as many as 12 persons were fatally injured, out of which Km. Najma, Km. Qaiser Jahan, Smt. Mosiya, Guddu, Chhotkanney, Nawab Ali, Pappu, Smt. Amezan, Smt. Gulsuman, Nabi Gaus and Smt. Rukhsana died on the spot. His sister's son Wahid was not traceable and his brother's wife Smt. Shaukina was seriously wounded. It may be added that in the impugned judgment of the trial court, the injuries sustained by the victims have been mentioned in detail and as such, it is not necessary to give detail version of the prosecution case.