RAEESH Vs. STATE OF U P

JUDGEMENT

(1.) By way of aforesaid Criminal Appeals, the two appellants Raeesh and Haji Munna, have challenged the judgment and order of conviction dated 14.12.2010 passed by the Sessions Judge, Aligarh in Sessions Trial No. 395 of 2009, arising out of case crime no. 43 of 2009 State Vs. Raeesh and others under section 302, 302/34 I.P.C. and in Sessions Trial No.396 of 2009 arising out of Case Crime No.44 of 2009 State Vs. Raeesh, under sub section 1 (b) Part (b) of Section 25 Arms Act, respectively, whereby the appellant Raeesh has been sentenced to life imprisonment coupled with fine of Rs. 10,000/- under Section 302 IPC and three years rigorous imprisonment coupled with fine of Rs.3000/- under sub section (1B) (b) of Section 25 Arms Act, and appellant Haji Munna has been sentenced to life imprisonment coupled with fine of Rs.10,000/- under Section 302/34 IPC, in case of default in payment of fine, additional simple imprisonment for two months and one month, respectively. Sentences to run concurrently.

(2.) Heard Sri P.C. Srivastava, Sri R. K. Srivastava and Sri Manoj Kumar Srivastava, learned counsel for the appellants, Sri S.G. Hasnain, learned Senior Advocate assisted by Sri Anil Kumar Srivastava and Ms. Pinki Rani Singh, learned counsel for the complainant and Sri J.K. Upadhyay, Sri N.K. S. Yadav, Km. Meena, Ms. Manju Thakur and Sri Rahul Asthana learned A.G.As. for the State and perused the record.

(3.) The prosecution case as reflected from the record and particularly from first information report appears to be that first informant Bahar Ahmad @ Chhotey son of Mohd. Tahir resident of Nadir Mahal, Hathi Wala 'Pul', Police Station Delhigate District Aligarh, lodged a written report at Police Station Kotwali Nagar District Aligarh on 15.2.2009 at about 1 P.M. against the aforesaid appellants with allegations that contractor Hazi Zahir had engaged him to supervise work (slaughtering of animals) at the govt. slaughter house. While supervising work, on 15.2.2009, at that point of time, Muddasir son of Mohd. Yasin , Hazi Wahid son of late Hazi Mohd Sabir and Hamid son of late Hazi Mohd. Safir, were also present over there and his brother Irshad was also helping him in his work. Around 12 noon, Mohd. Raeesh son of Hazi Rasheed possessing knife in his hand, accompanied by his brother Hazi Munna and his father Hazi Rasheed, came through the door inside the slaughter house and hurled abuses and after coming close to the informant, they insisted upon delivery of the goods which had already been purchased by the first informant. They said that except them no one else can take the goods. First informant and his brother Irshad asked them not to do the same, whereupon, Hazi Rasheed exhorted (co-accused) to kill and today they would not spare them, whereupon, Hazi Mulla and Hazi Rasheed caught informant's brother Irshad and Mohd. Raeesh inflicted knife blow on the chest of Irshad with intention to kill him. Consequently, Irshad was seriously injured. He was taken to Malkhan Singh Government Hospital Aligarh by Mumtaj and Arif Munshi by motorcycle where Irshad was declared dead. First information report also contains description that Mohd. Raeesh was caught on the spot with knife by the first informant, Muddassir, Hazi Wahid, and Hamid. However other, co-accused Hazi Munna and Hazi Rasheed made their escape good towards Mathura Bye-pass. Number of people arrived at the spot after hearing hue and cry. They also tried to nab the two culprits, but in vain. The first infornant has come to lodge this report along with captured accused Mohd. Raeesh with recovered weapon knife. Report be lodged and appropriate action be taken. This written report is Ext. Ka. 1.