KALLOO Vs. STATE OF U P

JUDGEMENT

(1.) ALL these bail applications have been moved in Criminal Appeal No. 3385 of 2005, Kalloo and others v. State of U. P., which has been filed against the judgment and order dated 17.6.05 in S. T. No. 146/2003, State v. Kalloo and others and in S.T. No. 249/2003, State v. Smt. Majitun and others of District Banda which had been decided by Sri Raj Kumar-II Additional Sessions Judge Court No. 3 Banda vide his judgment and order dated 17.6.2005 whereby he convicted the accused appellants Kalloo, Abdul Rahman, Waheed, Naim, Smt. Majitun, Smt. Hasmatun and Smt. Bhoori under Section 302/34, I.P.C. and sentenced them to life imprisonment and to a fine of Rs. 1,000 each. It was further provided that in case of default in payment of fine, they will have to undergo imprisonment for six more months.

(2.) THE prosecution case starts with the F.I.R. lodged by Salim son of Kalloo at Police Station Kotwali Nagar, Banda on 5.12.02 at 10.15 p.m. in which it was stated that he is resident of Mohalla, Mardan Naka near Gazimiya Dargah, Police Station, Kotwali Nagar, Banda and he had gone to offer namaz. When he was returning back to his house after offering namaz, he saw his father Kalloo and brothers Naim and Abdul Rahman and one Waheed son of Sajjan were coming out of his house and his wife Rafikun Nisha was shouting "bachao, bachao". He went inside the house and noticed that all these four accused persons had burnt his wife after pouring kerosene oil upon her. He shouted for help. THEn his neighbour Mr. Ajij reached there and he and Mr. Ajij tried to extinguish the fire and in this process Salim and Ajij received burn injuries. It was alleged that the above named four persons had burnt his wife with an intent to kill her. THEreafter he and Ajij took Rafikun Nisha to the District Hospital Banda and got her admitted there in a serious condition. This incident had taken place at about 8 p.m. Mohd. Salim had enmity with the above named persons who were threatening to kill them.

(3.) THE police after investigation submitted a charge-sheet against all the accused persons named in the dying declaration. THEy were tried by the learned Additional Sessions Judge who convicted all of them under Section 302, I.P.C. Aggrieved with the above judgment and order Smt. Majitun and Smt. Bhoori filed Criminal Appeal No. 2806 of 2005 on 14.7.2005.