MOBIN @ NANHA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Noor Mohammad, learned counsel for the appellants no. 2 and 3 and Sri H.M. Singh, learned Senior Advocate for the appellants no. 4 and 5 assisted by Sri Vidyanand Tripathi, Advocate and Sri Ashwani Prakash Tripathi, learned A.G.A. for the State and perused the record.

(2.) This criminal appeal has been filed against the common judgment and order dated 04.05.2007 passed by the Additional Session Judge, Court No.1, District- Meerut in S.T. Nos. 545 of 2004 (State vs. Mobin @ Nanha, Hasrat, Anees, Kamil, Istakbaal) Case Crime No. 83 of 2004, under Sections 148, 149, 302/149, 307 I.P.C., S.T. No.588 of 2004 (State vs. Mobin @ Nanha) Case Crime No.103 of 2004, under Sections 25 of Arms Act, S.T. No.589 of 2004 (State vs. Kamil) Case Crime No.104 of 2004, under Section 25 of Arms Act, S.T. No.568 of 2004 (State vs. Anees) Case Crime No.91 of 2004, under Sections 25 of Arms Act and S.T. No.669 of 2004 (State vs. Istakbaal) Case Crime No.90 of 2004, under Section 25 of Arms Act, Police Station- Bhawanpur, District- Meerut, convicting the accused-appellants (Mobin @ Nanha, Hasrat, Anees, Kamil, Istakbaal) under Section 147, 148, 307, 302 read with Section 149 I.P.C. and sentencing each of them to undergo one year imprisonment under Section 147 I.P.C. to undergo two years imprisonment, under Section 148 I.P.C. to undergo seven years imprisonment under Section 307 I.P.C. to undergo life imprisonment under Section 302 read with Section 149 I.P.C. All the sentences to run concurrently.

(3.) In brief, the prosecution case is that on 19.04.2004 at about 9:20 a.m. Shafayat (informant) his brother Shahadat along with Kamil, Nanhi the sister of Kamil, and Matloob were going to the Court on their date and when they were standing near Madarsa on the Rasta of Naglasahu waiting for the bus to go Meerut, Mobin, Hasrat, Anees, Kamil, and Istakbaal holding pistols in their hands came from behind the Madarsa and started firing on them. To save their lives, they ran here and there. Shahadat the brother of the informant and Kamil ran inside the Madarsa, chasing them all the five accused entered into Madarsa and riddled Shahadat the brother of the informant with bullets. The accused threatened them with death while firing shots and said that today they have taken the revenge of the murder of Nafees. Shahadat died on the spot. Due to firing by the accused the road was blocked and the passersby ran away in the fields to save their lives.