SUHAIL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Manish Tiwary, learned counsel for the appellants, learned A.G.A. for the State of U.P. and Sri V.M.Zaidi, Senior Advocate, assisted by Sri Amit Daga, learned counsel for the complainant.

(2.) THE appellants Suhail and Haseen have preferred criminal appeal no. 1531 of 2014 and the appellants Qayyum and Shakeel alias Chhotu have preferred criminal appeal no.1540 of 2014 against the judgement and order dated 11.3.2014 passed by the learned Additional Sessions Judge, Court No 10 Muzaffarnagar in S.T. No. 1461 of 2009 connected with S.T. No. 332 of 2010 whereby they have been convicted for the offence punishable under sections 302,120 -B I.P.C. and sentenced to undergo life imprisonment with a fine of Rs. 20,000/ - each, all the four appellants have moved their bail applications in their respective appeals, both the bail applications are being disposed of by a common order.

(3.) FROM the perusal of the record and the impugned judgement it reveals that the FIR of this case has been lodged by Km. Nusrat Ara Rana, Advocate on 29.1.2009 at 11.30 a.m. in respect of the incident allegedly occurred on 29.1.2009 at about 9.45 a.m. in which seven persons including the appellants were named as accused alleging therein that the first informant Km. Nusrat Ara Rana along with Khalil riding on one motorcycle and another motorcycle her brother Saddam and her father Nasir (deceased) were going to Kutchery from their village. The deceased Nasir was a pillion rider of the motorcycle driven by Saddam, their motorcycle was ahead at a distance of 35 -30 steps from the motorcycle of the first informant, when the motorcycle of the first informant and the deceased reached in front of Sharden School, from the back side a Safari Car having no number on its number plate and the motorcycle bearing no. D.L. 4 SN 1050 overtook their motorcycle and from front side blocked the motorcycle of the first informant and the deceased, their motorcycles were stopped and the accused Smt. Akbari, accused Qayyum, accused Afroz alias Chhota, accused Yameen were boarding in the Car. The car was driven by the accused Yameen, another accused Shakeel alias Chhota and Farman were riding on the motorcycle, the accused Afroz and Smt. Akbari made exhortation from the car to commit the murder of both the persons, it was told by the accused Smt. Akbari that they were doing too much parivi and they were not allowing her husband and son to be released on bail, on her exhortation, the accused Qayyum, accused Shakeel alias Chhotu and the accused Farman discharged shots towards the brother and father of the first informant by their firearms, Saddam, the brother of the first informant left the motorcycle started running but on account of the firing done by the accused Farman, Qayyum and Shakeel alias Chhotu, the father of the first informant namely Nasir, sustained injuries, but in that firing, the brother of the first informant namely Saddam luckily could not sustain any injury. The father of the first informant had sustained firearm injuries, in the meantime, the police of police station Kotwali also came at the place of incident, then the accused persons by turning their vehicles escaped on Meerut road. The deceased in an injured condition, with the help of Kotwali police, was taken by the first informant to the District Hospital, Muzaffar Nagar where he was declared dead by the doctor. The motive given in the FIR was that one Aabad, brother of the first informant, was killed on 8.9.2008 by Suhail, brother of the appellant Shakeel alias Chhotu and others, its case being case crime no. 2467 of 2008 was registered under sections 302,307,120 -B IPC against Suhail and others, its FIR was lodged by the deceased Nasir, the deceased Nasir has been killed in furtherance of the conspiracy hatched by the accused Suhail and Haseen, she was apprised by Irfan and Mehboob that on 16.1.2009 the accused Suhail and Haseen had come to the court of Muzaffarnagar from the jail, they were telling to their mother and brother Shakeel alias Chhotu near a tea -stall that Nasir was doing too much parivi for rejecting their bail applications, he was doing parivi at Allahabad also, therefore, Nasir be killed, on it the accused Smt. Akbari and Shakeel responded that Nasir would be killed very soon, on firing done by the accused persons a panic was created and the road traffic was totally disturbed, school boy returned to their houses, public order was totally disturbed and an atmosphere of fear and terror was created.