MUJIBUDDIN AND ANR Vs. STATE OF U P

JUDGEMENT

(1.) The appellants have moved the instant application for bail in pending appeal as aforesaid which has been filed against the judgment and order dated 6.8.2009 passed by Addl. Sessions Judge Court No. 3 Farukhabad in S.T. No. 773 of 1988 whereby the appellants namely Mujibuddin and Babbu have been convicted under Section 302/34 IPC and Section 323/34 IPC and sentenced to undergo imprisonment for life, and fine of Rs. 20,000/- and one year R.I and a fine of Rs. 1000/- each respectively.

(2.) According to story set up by the complainant in the aforesaid case who is the sister of deceased Atique, there was bad blood between Shakir and Atiq brother of the complainant on account of a wordy brawl prior to the incident. On the fateful day, when Mohd. Hanif 'husband and Atique brother of the complainant were going on bullock cart laden with sugar cane to the sugar cane Mill situated' at Matipur and as soon as the bullock cart touched on metalled road, they came across the accused persons namely Mujib and Babbu 'who were also on their bullock cart laden with sugarcane. Since the bullock cart of the accused was overloaded with sugar cane, the bullocks were finding it difficult to pull on the cart. In the meantime, Hanif and Atique pulled on their carts ahead of the bullock carts of the accused upon which the accused persons hurled abuses at them and thereafter each side flung sugar cane at each other. Taking offence at it, Islamuddin and Taqi Uddin pulled out their country made pistol and exhorted to kill them stating that the dispute should be settled for all time to come. In the meantime, people from nearby villages were also attracted. It is also alleged that thereafter, there was exchange of fire between the parties from country made pistols. which both sides posessed Atique brother of the complainant, it is alleged, ran towards the village but he was fired upon by the accused persons namely Mohd Hanif, Taqi uddin and Islam Uddin which hit him. In the exchange of fire Hanif husband of the complainant died instantaneously while brother Atique on one side and Babbu and Mujib' on the other side suffered injuries . On the other side, it is stated, Alias and Taqi uddin also suffered fire arm injuries and died instantaneously. The injured were taken to police station in the bullock cart of Atique but the other party in league with the local police of P.S. Kampil District Farukhabad lodged the report naming the entire family and the two injured were thrown in the lock up. It would appear that subsequent the Court took cognizance of the matter on the basis of statement of the complainant and summoned Mujib and Babu under Section 323/302 IPC.

(3.) The story of the other side as authored by Mujib is that on 19.12.84 when they were on their way to Matipur on a bullock cart laden with sugarcane and as soon as they reached on the metalled road near village Samauddinpur at about 1.30 p.m, accused persons namely Atiq, Sami, Maqdoom, Samsheer, Aqil, Sharif, Vakil Ahmad, Shakeel Ahmad, Khalil Ahmad, Maqbool, Masroor, Qayum, Noori, Jameel, Amir, Chini, Israt, and Mufeed who were armed with lathies, emerged on the road out of which Vakil Ahmad exhorted to kill and opened fire. On hearing the sound of firing, Shaqir Hussain, and Rashid Anwar rushed to the scene of occurrence. It is alleged that Mujib and others ran for life. It is further alleged that the dead body of his brother Taqiuddin was lying in the trench near the road and dead bodies of Atiq and Iliyas were lying in the fallow field. It is further alleged that Mujib and his nephew Babbu have been assaulted with Lathies.