SANNU @ SHAHNAWAZ Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri V. P. Srivastava, Senior Advocate assisted by Sri Sunil Kumar and Sri Imran Ullah, learned counsel for the complainant and learned A. G. A. for the State.

(2.) LEARNED counsel for the applicant submitted that the prosecution version as unfolded in the first information report which was lodged by Javed, brother of the deceased Raju alias Abid is that the deceased was having an affair with Samreen, the sister of the applicant and both of them had got married secretly a few days before the incident. On account of the aforesaid fact the family members of Samreen were greatly annoyed with the deceased. On 6.2.2014 at about 5.00 A. M. When the deceased and his wife Samreen were present in the informant's house, Shamim, father of Samreen, Chaman, Sannu (applicant), Sharique, Naved, Bobby, Ballu and one Kalua came to the informant's house in a Scorpio Car and forcibly entered into the informant's house. At the relevant point of time, Rizwan and Furkan, cousin brothers of the informant and several other persons were also present in the informant's house. All the miscreants who were armed with lethal weapons forcibly dragged the deceased and his wife Samreen out of the informant's house and drove away with them in their Scorpio Car. When the informant and his other relatives who were present in his house tried to resist, they were threatened with dire consequences by the miscreants, still they followed them in another car. The miscreants took away the deceased and Samreen to their gher at Dhamera Adda on Khandja Road where they committed the murder of the informant's brother. Specific allegation was made in the first informant report that Sharif, Naved, Chaman and Sannu had beheaded the deceased with their knives. Sensing imminent danger to their lives, the informant and other relatives retreated from the place of occurrence and promptly reported the matter to the police.

(3.) LEARNED counsel for the applicant next submitted that Investigating Officer during the investigation recorded the statements of the informant Javed and the other eyewitnesses of the occurrence, namely, Rizwan, Furkan and the victim Samreen. The copies of the statements of the informant, Rizwan, Furkan and Samreen have been filed as Annexures 4 to 7 to the affidavit accompanying this bail application. Supplementary statement of the victim was also recorded which has been brought on record as Annexure 8. From the perusal of her first statement recorded under Section 161 Cr. P. C. it transpires that the victim was engaged the deceased about one year before the incident. However, her cousin brother Rizwan alias Gauter did not approve the match and on account of the pressure put by him on the family members of Samreen, the engagement was broken. But since during the intervening period she had become very intimate with the deceased she eloped with the deceased on 25.1.2014. However, she came back to the deceased's house on 5.2.2014. Somehow her family members came to know about her return and her stay at the deceased's house and as a result on 6.2.2014 at about 5.00 P. M. her father, Shamim and brothers, Chaman, Sannu, uncle Sharif and his sons, Naved, Bobby, Babbu, Kalua (Chaman's friend), her cousin brother Furkan had forcibly kidnapped her and her husband from his house and taken them to their Gher in Baiswada Mustafagarhi in their Scorpio car where they committed the murder of the deceased, Raju alias Abid. Sensing danger to her life also, she begged pardon and forgiveness for her actions from her father and brothers. The miscreants after committing the murder of the deceased threw the deceased's dead body into Kali Nadi. He further submitted that Samreen in her supplementary statement recorded during investigation categorically stated that although her marriage was settled with the deceased and she had got engaged to him, her cousin brother Rizwan alias Gautar was hell bent upon breaking the engagement and ultimately he succeeded in his intentions by putting tremendous pressure upon her family members but since she had become emotionally involved with the deceased, she eloped with him to Noida. In the night of 5.2.2014 at about 3.30 A. M. Rizwan, Furkan, her father Shamim, brothers Chaman Sannu and Kalua came to Noida and brought them from Noida to Bulandshahr in their Scorpio Car. After reaching Bulandshahr, Rizwan alias Gautar declared that since her elopement with the deceased had brought a lot of disgrace to the family, both of them should be killed. Thereafter Rizwan alias Gautar, her brothers and her father and Kalua forcibly took her and Raju alias Abid in another car to the banks of Kali Nadi where Rizwan beat her and Raju alias Abid and thereafter committed murder of Raju alias Abid by stabbing him whereafter she became unconscious. She also stated that her uncle Sharif and his sons Naved, Booby and Ballu were not involved in the commission of the crime yet they were nominated by the informant Javed as accused in the F. I. R. at the behest of her cousin brothers Rizwan alias Gautar and Furkan. She further stated that Rizwan alias Gautar had got himself named in the first information report as a witness by pressurizing the informant Javed although he was the main person responsible for the incident.