IRFAN @ NAKA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Raghuraj Kishore, Amicus Curiae, for the accused-appellant and A.G.A., for State of U.P.

(2.) Irfan @ Naka (the appellant) has filed aforementioned jail appeal against his conviction and sentence passed by Additional Sessions Judge, Court No. 6, Bijnore dated 29.07.2017/31.07.2017, in S.T. No. 626 of 2014 State of U.P. Vs. Irfan @ Naka (arising out of Case Crime No. 505 of 2014, under Section 436, 302, 326-A IPC, P.S. Najibabad, district Bijnore), convicting the appellant under Section 436, 302, 326-A I.P.C. and awarding him death sentence with fine of Rs. 25,000/- under Section 302 I.P.C., imprisonment for life with fine of Rs. 10000/- under Section 436 IPC and imprisonment for life with fine of Rs. 10000/- under Section 326-A I.P.C. with default stipulation of six months imprisonment. The criminal reference has been submitted by Additional Sessions Judge, Court No. 6, Bijnore, under Section 366 Cr.P.C. for confirmation of capital punishment awarded to Irfan @ Naka in S.T. No. 626 of 2014 State of U.P. Vs. Irfan @ Naka.

(3.) Mohmmad Yunus (PW-1), the first informant presented a typed complaint (Ex-Ka-1) at Police Station, Najibabad, district Bijnor on which Constable clerk- Riyazuddin Khan (PW-13) registered FIR of Case Crime No. 505 of 2014, under Section 436, 307 IPC, at P.S. Najibabad, district Bijnore on 06.08.2014 at 9.40 hours, against Irfan @ Naka (the appellant). It has been stated in the complaint that the first informant and his family had an enmity with Irfan @ Naka son of Ayyub, resident of Mugalooshah, Nazibabad. Aforesaid accused Irfan @ Naka is a man of criminal nature and has been sentenced for imprisonment for life under Section 302 I.P.C. previously. The incident is of intervening night of 05/06.08.2014 at about 12.00 to 12.30 in night that the aforesaid accused, on account of family enmity, set fire to his real brothers Nausad and Irshad and his real son Islamuddin, who were sleeping in a room, by pouring highly inflammable substance and shutting the door from outside, due to which his (first informant's) nephews Nausad and Irshad and his grandson Islamuddin received severe burn injuries. On hearing cries of the injured, Shafeeq, the brother of the first informant, Shanu, Amzad and several other neighbourers came there, opened door and by putting out the fire, brought out the injured from the room. Thereafter, the injured were taken to hospital, who were struggling for their life in a hospital at Delhi. In these circumstances, recording of statements of the injured was legally necessary.