ALI AHMAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By the judgment and order dated 21-12-1979, passed by the Additional Sessions Judge 8th Bareilly, appellants Ali Ahmad, Mohd. Sher, Saddiq, Meer Jadhey, Mohd. Yaseen, Chimman and Achchan have been convicted for offences under Section 302/149, I.P.C. and sentenced to life imprisonment. Appellants Ali Ahmad, Mohd. Sher, Saddiq, Meer Jadhey, Mohd. Yaseen and Chimmanhave been further convicted on three separate charges under Section 307/149, I.P.C. and sentenced to undergo three years rigorous imprisonment on each count. Appellant Achchan has been convicted on two separate charges under Sections 307/149, I.P.C. and a simpliciter charge under Section 307, I.P.C. and sentenced to undergo three years rigorous imprisonment on each count. Appellants Ali Ahmad, Mobd. Sher, Saddiq and Achchan have also been convicted for offences under Section 148, I.P.C. and sentenced two years rigorous imprisonment while Meer Jadhey, Mohd. Yaseen and Chimman have been convicted on additional charge under Section 147, I.P.C. and sentenced to undergo one year rigorous imprisonment. The sentences have been directed to run concurrently. The appellants have come in appeal against the said judgment and order, accused Asgar has been acquitted.

(2.) The appellants numbers 4 and 5, namely Meer Jadhey and mohd. Yaseen died during the pendency of this appeal and the appeal stood abated against them vide order dated 6-1-1995. Usman died earlier during the pendency of trial and the trial abated against him.

(3.) Appellants Saddiq, Meer Jadhey, and Chimman are the sons of Bashir. Ali Ahmad is the son of Saddiq, Mohd. Sher is the son of Meer Jadhey and Achchan and Mohd. Yaseen are the sons of Ali Bux and Fateh Sher respectively, who are the other two sons of Bashir. In the year 1973 a dacoity was committed in the house of Pir Bux and Sakhawat, both sons of Banne, were killed. In that case appellant Mohd. Sher was one of the accused. The case, however, ended in acquittal, about one and a half year prior to this occurrence. According to the prosecution Mohd. Sher and his other family members started nursing grudge against the family members of Pir bux. After the murder of Pir Bux and Sakhavat there remained no male member in the family and, therefore, Haseena who was the widow of Phullu asked her brother Nathoo to live with her for looking after her affairs. The complainant, Chhotey, who is the brother of the deceased, Mahmood, also helped Haseena and other family members and for this reason Mohd. Sher and his family members became inimical to them. Two months prior to the incident Saddiq, uncle of Mohd. Sher, and Ali Ahmad, cousin of Mohd. Sher, had beaten Haseena on which Nathoo, Chhotey and others had reprimanded them.