ISLAHUDDIN; TAUFEEQ ALAM; SALAHUDDIN; SHAMSHAD ALAM @ SAIMADH; SAIFUDDIN @ SAIKUDDIN; WAHAJUDDIN; ABU QAIS; SYED SHABIHUL HASAN; STATE OF U P Vs. STATE OF U P ; FAYYAZUDDIN AND 6 OTHERS; MAHE ALAM AND 6 OTHERS

JUDGEMENT

(1.) Instant appeals and revision have arisen against the judgment and order dated 10.07.2008 passed by learned Additional Sessions Judge, Faizabad in Sessions Trial No.578 of 1995 arising out of Case Crime No.63/1995 P.S.Ibrahimpur, District Faizabad (presently District Ambedkar Nagar) whereby the learned trial court has acquitted accused, namely, Fayyazuddin and Israr Alam both sons of Mohammad Nazeer; Mahe Alam, Shamim Alam and Jamshed Alam, sons of Fayyazuddin, Mohd. Aslam and Mujubur Rehman both sons of Israr Alam of the offence punishable under Section 302 read with Section 149 I.P.C.; Section 307 read with Section 149 I.P.C., Sections 147 and 148 I.P.C.

(2.) Accused Islahuddin, Taufeeq Alam@ Kimmu; Salahuddin; Shamshad Alam @ Saimadh; Saifuddin @ Saikuddin; Wahajuddin @ Saikuddin @ Wahajuddin and Abu Qais were convicted under Section 302 I.P.C. read with Section 149 I.P.C. and sentenced to imprisonment for life and fine of Rs.10,000/- each with default stipulation of one year's rigorous imprisonment and under Section 307 read with Section 149 I.P.C. to ten years' rigorous imprisonment and fine of Rs.5,000/- each with default stipulation of six months' rigorous imprisonment and under Section 148 I.P.C. to one year's rigorous imprisonment. All the sentences were directed to run concurrently.

(3.) Feeling aggrieved accused Islahuddin has preferred Criminal Appeal No.1610 of 2008, Taufeeq Alam@ Kimmu Criminal Appeal No.1696 of 2008; Salahuddin Criminal Appeal No.1699 of 2008; Shamshad Alam @ Saimadh Criminal Appeal No.1582 of 2008; Saifuddin @ Saikuddin Criminal Appeal No.1608 of 2008; Wahajuddin @ Saikuddin @ Wahajuddin Criminal Appeal No.1609 of 2008 and Abu Qais Criminal Appeal No.1587 of 2008.