RASHID @ ZAKIR Vs. STATE OF U P

JUDGEMENT

(1.) The present appeals have been filed by appellants Rashid @ Zakir and Smt. Shakila @ Bitta from jail against the judgment and order dated 17.7.2018 passed by Additional District and Session Judge, Court No. 3, Kanpur Nagar in S.T. No. 481 of 2013 and 492 of 2013 arising out of case crime no. 29 of 2013 under section 302/34, 201 I.P.C., police station Gwaltoli, District Kanpur Nagar and S.T. No. 30 of 2013 arising out of case crime no. 30 of 2013 under Section 3/25 Arms Act, police station Gwaltoli, District Kanpur Nagar against appellant Rashid @ Zakir only. By the said judgment and order, the appellants Rashid @ Zakir and Smt. Shakila @ Bitta have been convicted under section 302/34 I.P.C. The appellant Rashid @ Zakir sentenced for death whereas appellant Smt. Shakila @ Bitta was sentenced to undergo imprisonment of life with a fine of Rs. one lac and in default of payment of fine she shall undergo further imprisonment of two years. The appellant Rashid @ Zakir was acquitted for the offence under the Arms Act.

(2.) The brief facts of the case are that an F.I.R. was lodged by the informant Anand Prakash son of Late Motilal, who submitted a written report at police station Gwaltoli, district Kanpur Nagar stating that he is resident of 5D/406 Awas Vikas Hans Puram, Naubasta, Kanpur Nagar and is working in Farhat Enterprises in which saddle is made and the owner of the said factory is one Kamran son of late Sheikh Mohammad Rais resident of 7/90 B Tilak Nagar Kanpur Nagar. On 6.3.2013 at about 11 a.m. he along with his owner Kamran went to the factory and when they opened the lock of the factory, they saw that three dead bodies were lying in the factory out of which one was of a woman and two were of male persons. It appears that they were done to death by hacking their neck. Rashid @ Zakir, who used to live in the factory along with his wife Shakila @ Bitta, was not present and had fled away. By giving the said information, he prayed that necessary action be taken. The informant suspected that the said murders have been committed by Rashid @ Zakir and some other persons could also there.

(3.) On the basis of said written report (Ext. Ka-1) submitted by the informant at police station Gwaltoli, Kanpur Nagar, an F.I.R. was registered as case crime no. 29 of 2013 I.P.C. on 6.3.2013 at about 11:30 a.m. under section 302, 201 I.P.C.