ALI AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) The aforesaid criminal appeals have been preferred by the above mentioned appellants against the judgment and order of conviction dated 26.9.2006 passed by the Additional Sessions Judge, Court No. 2 , Etawah in S.T. No. 20 of 2000-State of U.P. Vs. Ali Ahmad and others under section 302/34 I.P.C. arising out of case crime no. 337 of 1999, Police Station Kotwali, district Etawah whereby the appellants have been sentenced to life imprisonment under section 302 read with section 34 of I.P.C. coupled with fine of Rs. 5000/- each with default stipulation of one year additional R.I. to the concerned convict.

(2.) We have heard at length respective submissions of learned counsel for the appellants Shri S.V. Singh and learned A.G.As. Shri J.K. Upadhyaya as well as Ms. Manju Thakur and learned counsel for the complainant Ashwani Kumar Awasthi and perused the record.

(3.) The foundation of prosecution case is rooted in the first information report lodged by informant Mohd. Arif son of Israel resident of Chaukhar Kua, New Market, Police Station Kotwali district Etawah, wherein allegations of murder have been made against the aforesaid three appellants-Ali Ahmad, Zameel and Abdul Sattar to the extent that they killed his father by firing on him on 24.6.1999 at 8.30 A.M. in front of Nafees Hazi's shop- National Road Lines Transport. In order to commit the offence, the appellants laid-in ambush behind two trucks in company with one more person, suddenly appeared on the scene and got scooter of informant's father stopped, then Abdul Sattar kicked his scooter and exhorted to kill him; whereupon Ali Ahmad and Zameel by waving country made pistol in their hands caught informant's father and (the assailants) pumped pellets on him by their weapons due to which the informant's father fell down. Informant's uncle Afzaal and his friend Chand who were also following his father, challenged the assailants, whereupon, the assailants also fired in the air and secured their escape. It is gathered from report that bone of contention (behind this murder) was construction of some shops in graveyard situated near overhead water tank adjoining bye pass road. One Abdul Sattar, resident of Katara Sahab Khan, was earlier Mutwalli ( Manager) of this graveyard and after him, Master Bashiruddin was made Mutawalli of this graveyard. Bashiruddin, relative of first informant, used to come to the Saw mill of the applicant. In this graveyard, Ali Mohd. son of Hussain Khan was constructing shop. He was being assisted by Zameel son of Bashirrddin and Abdul Sattar son of Alauddin. Construction of the shops in the graveyard came into knowledge of City Magistrate Etawah, who issued stay order on these shops. The appellants became apprehensive of this stay order and were under impression that it was obtained on account of persuasion made by the informant's father with Bashiruddin, who managed issuance of such stay order. Yesterday, on 23.6.1999 at about 10.30 A.M. Ali Ahmad and his aforesaid two friends came to the saw mill of the informant and asked informant's father that he got issued stay order against construction of shops, thus depriving them of their livelihood, now he (deceased-Israel) will have to bear the consequences for the same and they went away from there (saw mill ). Today, i.e. on 24.6.1999, when the informant's father Mohd. Israel was going to his saw mill from his house on scooter, he was being followed by informant's uncle Afzaal and his friend Chand son of Banne Khan on motor cycle when the aforesaid offence of murder was committed at 8.30 A.M.