AFZAL Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal under Section 374(2) of the Code of Criminal Procedure has been filed by the accused persons, namely, Afzal, Mujammil, Mohammad Ali, Faizul, Muzaffar, Mamnoon S/o Mohammad Ali, Amir Hasan, Kalwa, Malwa, Riazul and Shafi against the judgment and order dated 14th February, 1992 passed by Sri S.K. Bhatt, VIth Additional Sessions Judge, Muzaffarnagar in respect of Sessions Trial No. 75 of 1990, State vs. Afzal and others, convicting and sentencing the appellants under Section 302 read with 149 IPC to undergo for life imprisonment, under Section 307 read with 149 IPC rigorous imprisonment for seven years, under Section 148 IPC for one year rigorous imprisonment. All the sentences were directed to run concurrently.

(2.) It is pertinent to mention here that during pendency of the present appeal, accused Muzaffar and Amir Hasan have died and a report to this effect dated 11th March, 2014 from Chief Judicial Magistrate, Muzaffarnagar is on record. So, the appeal against them stands abated and this appeal is heard and decided in respect of other accused persons.

(3.) In brief, the prosecution story runs like this appeal, that one Zulfikar Ali son of Faiyaz resident of Suzdu, police station Kotwali Muzaffarnagar had lodged the first information report dated 21.09.1989 at 1:30 A.M. in police station Kotwali, Muzaffarnagar to this effect that complainant was having old enmity with Mohammad Ali, Faizul, Mujammil, Muzaffar, Mamnoon son of Mohammad Ali, Amir Hasan, Kalwa, Malwa, Riazul, Shafi, Afzal. In intervening night of 20/21.9.1989 at about 12:50 A.M. when the complainant was sleeping in the house of his brother-in-law (behnoi), all of sudden, he heard a noise of firing. He came out from the house, peeped into the neighbouring house, which belongs to Mamnoon and had seen that all the above persons were firing upon Mamnoon in the courtyard. There was a light of electric. In the meantime, witnesses Waris, Liyaqat, Abdul Rahim @ Chotta, Jai Prakash and other persons came on the spot and they had also seen the occurrence. When they raised alarm, the accused persons left the place of occurrence giving threats that they will not leave anybody alive. All the accused persons were having guns and country-made-pistols. When the accused persons fled away from the spot, they went into the house of Mamnoon. It was seen that blood was coming out from the body of Mamnoon and his six years daughter Km. Nusrat was lying dead on the cot due to bullet injury. It is further stated that the complainant and other villagers went to the police station to lodge the F.I.R.. A request was made that his report be lodged and legal action may be taken. This complaint was registered in police station Kotwali Muzaffarnagar at Crime No. 607, under Sections 147/148/149/302 IPC and entry to this effect was made in G.D. Rapat No. 5 at 1:30 A.M. on 21.09.1989 at police station Kotwali Muzaffarnagar.