JUMEYDEEN AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused appellants against the judgement and order dated 4.3.2011 passed by the Additional District & Sessions Judge/ Special Judge, Muzaffarnagar in Session Trial No.453 of 2005 (State vs. Jumedin and others) convicting and sentencing the appellants for the offences punishable under Sections 147, 148, 307/149 IPC. Fine was also imposed.

(2.) The facts of the case, as unfolded by the informant Ishak son of Man Khan in the First Information Report (in short 'F.I.R.'), are that on 23.2.2002 at about 5.00 p.m., Jumedin and Shakir were trying to have illegal electric connection by putting cable in front of the house of complainant's nephew. Gayur, the nephew of the informant and Nasib Ali, the grand son of the informant forbade them from taking illegal electric connection, which caused great infuriation and wrath to Jumedin and Shakir. Jumedin and Shakir proceeded towards their houses threatening Gayur and Nasib Ali to face dire consequences. After a while, Jumedin & Tahir son of Umarjan, Umerjan son of Ramzan, Ismail alias Kalloo, Shakir, Shakoor son of Ayyub and Ayyub son of Ramzan equipped with country made pistol, spear and lathi assaulted Gayur and Nasib with their respective weapons. Hearing the sound of firing and also shrieks of the injured, the informant and other persons reached on the spot. Gayur and Nasib sustained fatal injuries hence both were hospitalized in the Government Hospital, Muzaffarnagar. The nephew of the informant was serious, hence could not lodge FIR in the evening itself.

(3.) On the basis of the written report (Ext. ka-1), chik First Information Report (Ext. Ka-6) was registered at Police Station concerned on 24.2.2002 at 8.00 a.m. mentioning all the details as had been described in Ext. Ka-.1. G.D. entry ( Ext. Ka-8) was also made at the same time.