MOHAMMAD ISRAR Vs. THE STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jyotindra Misra learned senior Advocate, assisted by Sri Vivek Shrotria learned counsel for the appellants, Sri Nagendra Mohan learned counsel for the complainant and Sri Umesh Verma learned AGA for the State.

(2.) Instant appeals have arisen against the judgment and order dated 8.4.2005 passed by learned Additional Sessions Judge, Court No.1, Lucknow in Session Trial No. 20 of 2002, Session Trial No.20A of 2002, Session Trial No.21 of 2002 and Session Trial No.22 of 2002 arising out of case crime no.128 of 2000, case crime no.132 of 2000 and case crime no.133 of 2000 respectively whereby the learned trial court has convicted and sentenced the accused-appellants as under :-

(3.) According to the prosecution, first information report dated 30.8.2000 was lodged by one Naseem Ahmed S/o Mohd. Raza stating that on 30.8.2000 at about 3.00 PM complainant Naseem Ahmed his brothers Shafique Ahmed Advocate alongwith Mohd. Khalique Maqbool Ahmed, Riyaz Ahmed and others persons were coming back from graveyard (Khanjar Wali Takiya) after burying the dead body of Imtiyaz Ali. As soon as they covered a short distance, one Tata Sumo U.P.No.32 Q/4499 was parked on the right side of the road wherein Mohd. Laeeq Siddique,Israr, Mufeed and Guddu sons of Kamal Ahmed and Tufail Ahmed brother in law of Mohd.Laeeq and two unknown persons approached the complainant with firearms. Mohd. Laeeq exhorted to kill all of them. Guddu fired upon the complainant which hit him. At that time several persons were coming from the graveyard. They all started running out of fear. Complainant shouted and asked his brothers to run away from the spot. Accused continuously fired which hit complainant- Naseem Ahmed, his brother Shafiq Ahmed and one outsider Sahamat Ali. All received firearm injuries. Accused ran away from the scene of occurrence. Accused were having enmity with the complainant regarding some property dispute. A written report was lodged at police station Sadatganj, District Lucknow on 30.8.2000 at 4.10 P.M. under Sections 147 , 148 , 149 , 504 / 307 IPC. After the death of Mohd. Shafiq Ahmed case was altered under Section 302 I.P.C. vide G.D.No.51 at 21.15. dated 30.8.2000. After the death of Shafiq Ahmed inquest proceedings were conducted on 31.8.2000 at mortuary of K.G.M.U, Lucknow. Investigation was handed over to Station House Officer Om Prakash Ojha. Investigating officer recovered a bloodstained cap, one Chappal, plain and bloodstained earth and empty cartridge 315 and 12 bore from the place of incident. Site plan was also prepared.