MANSOOR & OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal has been filed on behalf of the appellants, namely, Mansoor, Kaleem Ahmad and Rafeeq against the judgment and order dated 31.7.2007 passed by the learned Additional District Judge, Court No.1, Allahabad in S.T. No.195 of 1991 (State Vs. Mansoor and others) arising out of case crime nos.355 of 1990 and 356 of 1990 whereby convicting them under Section 302/34 IPC for life imprisonment with fine of Rs. 5000/- each and in default of payment of fine one year rigorous imprisonment and under Section 307/34 IPC ten years rigorous imprisonment with fine of Rs.2000/- and in default of payment of fine six months rigorous imprisonment. Further appellant Kaleem Ahmad was convicted under Sections 26/27 Arms Act for three years rigorous imprisonment with fine of Rs.1000/-.

(2.) The instant case is relating to the double murder of Mahboob Ahmad and Mashooq Ahmad who are the father and brother of the complainant and causing injury to one Puddan, who is brother-in-law of Mahboob Ahmad by the accused appellants.

(3.) The prosecution case in short conspectus is that an FIR was lodged by Maqbool Ahmad at police station Dhooman Ganj, Allahabad on 9.6.1990 stating therein that at about 9.30 A.M. some heated words were exchanged over taking water between ladies and children from the hand pump installed near his house. His father Mahboob Ahmad had refrained Altaf who is the son of Mansoor and others, to quarrel. Thereafter Altaf went away to his house disclosing about the dispute to his family members. At this Rafeeq having double barrel gun as well as his son Kaleem Ahmad and Mansoor having single barrel guns came exhorting. When they came along with weapons Puddan, Mashooq and the complainant Maqbool Ahmad and various persons of his village gathered. Rafeeq had fired upon his father Mahboob Ahmad and as soon as his brother Mashooq ran towards to lift his father, accused Kaleem Ahmad had fired upon him and at the same time accused Mansoor had also fired with intent to kill whose shot hit on the shoulder of Puddan. The complainant and other persons somehow snatched the gun from the accused Kaleem Ahmad and as the crowd was attracted at the place of occurrence, the accused persons took to their heels towards east. His brother Mashooq Ahmad had died on the spot while his father Mahboob Ahmad and Puddan became badly injured who were sent to the hospital. The single barrel gun having number 3330-75 which was snatched from the accused Kaleem Ahmad was handed over to the station officer by the complainant.