KHALID Vs. STATE OF U P

JUDGEMENT

(1.) CRIMINAL Reference No. 21 of 2007 has been made by Sri Subodh Kumar then learned Addl. Sessions Judge, Court No. 1, Meerut vide his judgment and order dated 4.8.2007 in S.T. No. 668 of 2003, State v. Khalid and others, whereby he awarded death sentence to the accused appellants Khalid, Nadeem alias Kaliya, Moinuddin, Munna and Tahir under Section 302/149, I.P.C. subject to confirmation by the High Court and for this purpose he has made this reference. Besides the above death sentence, the accused appellants were also fined Rs. 10,000 each under Section 302, I.P.C. They were also convicted under Section 307/149, I.P.C. and sentenced to life imprisonment and to a fine of Rs. 5,000 each. They were also convicted under Section 148, I.P.C. and sentenced to R.I. for two years and to a fine of Rs. 2,000. The accused Moinuddin and Tahir were convicted under Section 25, Arms Act also in S.T. No. 669 of 2003 and S.T. No. 671/03 and each of them was sentenced to two years R.I. and to a fine of Rs. 3,000. CRIMINAL Appeal No. 5169 of 2007 has been filed by the above named accused appellants against the above conviction order in the aforesaid sessions trials. Both these matters have been heard together and now we are deciding them by this common judgment.

(2.) THE prosecution case starts with a F.I.R. lodged by Dr. Mohd. Iqbal Gaji at police station Kotwali Meerut on 7.6.2003 at 2.10 p.m. It is stated therein that the death of Smt. Hamidan, mother of the informant had taken place on the aforesaid date at about 8 a.m. and so his relations had assembled in his house No. 305 Bani Sarai, P.S. Kotwali, Meerut. At about 11 a.m. Smt. Shama, sister of the accused Khalid came to his house to attend the funeral rites but the ladies in the house of Dr. Mohd. Iqbal Gaji prohibited her from joining those funeral rites on the ground that Khalid and his other brothers Nadim alias Kaliya, Moinuddin and Munna wanted to forcibly obtain the land of Haji Washiruddin, husband of Smt. Hamidan, and accused Khalid etc., had committed murder of Sarfaraj alias Pappu son of Wahiuddin, uncle of the informant. THEreafter at about 12 noon the informant's brothers. Dr. Nasiruddin and Salauddin were going to market to purchase articles for the last rites of Smt. Hamidan, and as soon as they reached in front of the Guljar Masjid, accused Khalid armed with a revolver, Nadim alias Kaliya armed with a Rifle. Moinuddin and Tahir armed with guns and Muna armed with a pistol met them and collected around them and they stated that the family members of Dr. Nasiruddin had insulted them and that they would not spare Nasiruddin and fired at Dr. Nasiruddin. On hearing the sound of fires, Mohd. Hasin alias Guddu, Gulam Alauddin alias Prince, Haji Washiruddin, Jalaluddin alias Jallu, Gulam Ghaush alias Sanni and Km. Shaila reached there. THEn the above named five accused persons fired at them also from the fire arms in their hands. Consequently, Dr. Nasiruddin alias Kallu, Mohd. Hasin alias Guddu, Gulam Allauddin alias Prince, Jalaluddin alias Jallu, Km. Shaila and Sanni alias Gulam Ghaush were seriously injured. THE informant with the help of relatives and neighbours took all the injured persons to M. Prakash Nursing Home, where the Doctors declared that Mohd. Hasin alias Guddu, Dr. Nasiruddin and Gulam Allauddin alias Prince had died. THE injured persons were being operated. After the incident the above named five accused persons showing their fire arms threatened the persons present there that if any report is lodged against them or any action is taken, they would also be killed. On account of terror of the accused shops in the market were closed the persons closed doors of their houses also. THEreafter the informant with the help of some persons clandestinely went to the police station and lodged this report. It was further stated that the incident was witnessed by him and Sartaj alias Babli, Salahuddin, Haji Shafiq alias Allah Rakkha and Mohd. Imran etc.

(3.) GULAM Ghaush had received the following injuries on his person :