RIYAZUL Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the applicants -Appellants and the learned Additional Government Advocate on the aforementioned applications for bail moved under Section 389 Code of Criminal Procedure along with the instant pending appeals.

(2.) IN all the four criminal appeals there are eight Appellants, namely, Riyazul, Usman, Rahman, Saleem, Rajjan, Saheb, Idu and Munna. They have preferred the appeals against judgment and order dated 24.04.2010 passed by the learned Special Sessions Judge, SC/ST Act, Court No. 2, Balrampur in Sessions Trial No. 68 of 2001 whereby they have been convicted under Sections 147 and 149/304 IPC read with Sections 3(2)(5) SC/ST Act and have been sentenced for maximum term of life imprisonment with fine stipulation.

(3.) IT comes out that some theft was committed in the house of one Mohammad Sharif in which three persons, who entered into the house, namely Nanbabu, Baitholey and Puttan were apprehended, but one Baithe was able to flee away from the spot after taking certain valuables and cash of complainant -Mohammad Sharif. Nanbabu, Baitholey and Puttan, who were dealt with inmates of the house as well as village people, were taken to the police station along with boxes and suitcases, which were left from taking away, and the FIR vide case crime No. 175 of 1996 was lodged by Mohammad Sharif on 15.06.1996 at 7.10 a.m. Further case is that Nanbabu died while being taken to the police station and Baitholey died in jail on 23.06.1996. Later on, as prosecution story further goes, an FIR was lodged vide case crime No. 175 -A/1996 by one Ram Chandra against inmates of house of Mohammad Sharif, alleging therein that Nanbabu, Baitholey and Puttan were beaten to death by them i.e. Appellants of the present appeals on the pretext that they had committed theft in the house of Mohammad Sharif on 15.06.1996. In support of its case, the prosecution has examined various witnesses, including Kanti (PW -3), said to be wife of Baitholey, who has stated that she is resident of about 3 kilometers away from the place of occurrence and by chance she had reached there when she came out to ease herself.