ILIYAS & OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) As per report dated 16.09.2015 sent by In-charge, Chief Judicial Magistrate, Sultanpur in Criminal Appeal No. 214 of 1982, appellant No. 1, Iliyas had died. Thus, the appeal with respect to appellant no. 1, Iliyas gets abated. Likewise, as per report sent by Chief Judicial Magistrate, Sultanpur in Criminal Appeal No. 244 of 1982, appellant No. 5, Nasir had died. Thus, the appeal with respect to appellant No. 5, Nasir gets abated.

(2.) The instant Criminal Appeals arise out of judgment and order dated 20th March, 1982 passed by the 1st Additional Sessions Judge, District Sultanpur in Sessions Trial No.219 of 1981 convicting and sentencing the accused-appellants as follows:-

(3.) The prosecution story, as unfolds from the record, is that Mohd. Rafique (complainant), son of Siddique and his family members were having long-standing enmity with accused- Bhullan and others. One Nizamuddin, father of accused Muttan, was murdered six months ago. Mohd. Rafique, his father Siddique, Mohd Hanif, Nanhey, Buddhu and Nanhkoo were accused. After the murder of Nizamuddin, licensed gun of Rafique's uncle, namely, Hanif was snatched by accused Imamuddin and his associates at Sultanpur of which a case was going on agaist them. Ten days before the present incident, deceased Siddique had moved an application against Bhullan and others and had alleged therein that he was apprehending danger to his life and, therefore, proceedings under Sections 107/116 Cr.P.C. were drawn against both the parties. On 22nd February, 1981, Mohd. Hanif and his father, Mohd. Siddique were coming back from Madafarpur fair and at around 5:00 p.m. when they reached near the orchard of Mohd. Hanif towards west of the village, accused Bhullan, Imamuddin, Shahabuddin, Muttan, Babu, Iliyas, Zuber Ahmad, Shahabuddin, Abdul Hakim, Mehdi Hasan, Nasir, Jumai and Abdul Hakim emerged out from the bamboo clumps armed with Lathis, Danda and Ballam (spear) and surrounded his father and exhorted that it was a good chance and he should be done to death. All-of-sudden, these accused started assaulting his father with their respective weapons. Mohd. Rafique ran towards the village and raised alarm. On his alarm, Nanhey, Kifayatulla, Ekbaluddin, Babu Khan, Samiulla and Habibulla etc. reached there and tried to stop the accused, but they could not stop assaulting the deceased. After assaulting the deceased, the accused ran away from there. Mohd. Siddique on account of the injuries received by him died on the spot. Mohd. Rafique, left the dead-body in the supervision of his uncle Hanif and villagers and went to police station to lodge a written report (Exhibit Ka-1) at 20:40 hours.