SUFIYAN & OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri. S.D. Singh Jadaun, for the appellants, Sri. Anshul Tiwari, for the informant and Sri. Anil Kumar Kushwaha, A.G.A., for State of U.P.

(2.) Sufiyan, Adil @ Seeran and Smt. Razia (the appellants) have filed this appeal, from their conviction and sentence passed by Additional Session's Judge, Court No. 1, Allahabad, dated 27.03.2009, in S.T. No. 957 of 2006, State v. Sufiyan and others , (arising out of Case Crime No. 364 of 2005, under Section 302/307/34 IPC, P.S. Colonelganj, district Allahabad), convicting the appellants under Section 302/307/34 IPC and awarding sentence of imprisonment for life with fine of Rs. 5000/- each under Section 302/34 IPC and ten years rigorous imprisonment with fine of Rs. 3000/- each under Section 307/34 IPC, along with default stipulation. It may be mentioned that co-accused Biru Singh was acquitted. Appellant Adil @ Seeran was acquitted in S.T. No. 958 of 2006, under section 25 of Arms Act, 1959 and Biru Singh was acquitted in S.T. No. 960 of 2006, under section 25 of Arms Act, 1959. These cases related to the same occurrence. No appeal has been filed against their acquittal, in those cases.

(3.) On the complaint (Ex-Ka-1) of Smt. Yazadana Begum (PW-1), FIR (Ex-Ka-2) of Case Crime No. 364 of 2005, under Section 302/307/34 IPC, was registered at P.S. Colonelganj, on 04.12.2005 at 21:25 hours, against Sufiyan, Adil @ Seeran, Smt. Razia and Biru Singh, by Constable Clerk Bharat Prasad (PW-3). It has been stated in the complaint that the informant Smt. Yazadana Begum wife of Mohd. Hasnain @ Pappu was resident of House No. 106/1, Bakhtiyari (Old Katra), PS Colonelganj, Allahabad. On 04.12.2005 at 7:15 PM, she was present at her house. Her brother Mohd. Afaq son of Mohd. Ayub, resident of House No. 24-B/10-B, Minto Road, PS Civil Lines, was also present at her house. At that time her husband's father's brother Sufiyan, his son Adil @ Seeran and his friend Biru, residents of Varanasi came to her house and called for her mother-in-law Parveen Akhtar. When she came out from the house, Adil said "adab" to her. In the meantime, Smt. Razia, mother of Adil exhorted and said, not say "adab" rather kill her. After hearing this, all the three accused opened indiscriminate firing from their country-made pistol upon her mother-in-law. Pappu, her husband came out to save his mother, then they fired upon him with an intention to kill him. Due to which her mother-in-law and husband received injuries and fell down. Taking them as dead, all the three accused and Smt. Razia fled away from there, giving threats. Her family members and residents of mohalla brought her mother-in-law and husband to Swarup Rani hospital. Doctor has declared her mother-in-law as dead. Treatment of her husband was going on. Litigation relating to land between her family members and Sufiyan was going on. In order to grab her land, they wanted to remove her family from the way. The incident was witnessed by her family members, residents of mohalla and Shah Alam son of Shahjade, resident of Uchwagarhi in the light of electricity and they recognized the accused.