NABI AHAMD Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard Shri Raghuvansh Misra, Shri Vimlendu Tripathi, Shri Rajeev Lochan Shukla, learned counsels for the appellants, Shri I.D. Mishra learned counsel for the informant and learned A.G.A. for the State.

(2.) The accused-appellants- Nabi Ahmad, Banta @ Beant Singh, Rizwan, Farookh, Amanveer Singh, Ranjeet Kaur, Karam Singh and Gurpawan Kaur have been convicted in Sessions Trial No. 379 of 2017 (State of Uttar Pradesh Vs. Amanveer Singh and others) arising out of Case Crime No. 419 of 2017, under Ss. 147, 148, 452, 307/149, 302/149, 506 I.P.C., along with connected Sessions Trial Nos. 377 of 2017 and 378 of 2017, arising out of Case Crime Nos. 431 of 2017 and 432 of 2017 respectively, Police Station Bisalpur, District Rampur and the maximum sentence of life imprisonment is awarded to all the accused- appellants. The rest of the sentences are lesser sentences, and all the sentences have been ordered to run concurrently.

(3.) As per the prosecution case, the complainant's real brother Gurcharan Singh was murdered about two and a half years ago due to family enmity over land, whose case is pending trial in District Rampur. An attempt was also made to kill the complainant's real sister, Jaspal Kaur, and its report was registered at P.S. Bilaspur. On 28/6/2017 at around 03.00 p.m., the complainant's father, Sukhwinder Singh, was busy in the demarcation of land with the help of Patwari, Kanoongo and two police officers. All of a sudden, the complainant heard the commotion and saw Amanveer Singh son of Karam Singh, Karam Singh, Ranjeet Kaur, Gurpawan Kaur, Banta Singh, Nabi Ahmad @ Nabia, Farookh Ahmad and son of Nabia Ahmad, along with some unknown persons barged into the house of the complainant and shouted, no one should be spared today. After hearing the threatening call, all started running here and there to save their lives. Meanwhile, Amanveer Singh and his accomplice Nabia and Farookh shot at the complainant's maternal uncle Jaspal Singh and caused severe injuries. The complainant's mother also rushed inside the house to save her life. Amanveer shot at her from his pistol and caused grievous injuries to her. The complainant's real sister Jaspal Kaur hid inside the bathroom. Amanveer broke the door and shot her dead. She died on the spot. The complainant and her mother saw Jaspal being shot at; thereafter, Amanveer shot at the complainant's father, Sukhwinder Singh, and somehow he saved his life. The entire incident was captured in a CCTV camera installed at the complainant's house. After hearing the sound of the gunshot, the police and local people arrived, and on their challenge, the assailants fled towards the sugarcane field.