MUBARAK ALI Vs. STATE OF U P

JUDGEMENT

(1.) This Jail Appeal under Section 383 Cr.P.C. has been preferred by accused-appellant Mubarak Ali through Jail Superintendent, Aligarh against judgment and order dated 23.10.2012 passed by Sri Vinod Kumar-II, Additional Sessions Judge, Court No. 3, Hathras. By the impugned judgment, accused-appellant has been convicted under 0s 302, 504 and 506 I.P.C. He has been sentenced to undergo life imprisonment under Section 302 Cr.P.C. with a fine of Rs. 5,000/- and in default of payment of fine, he has to further undergo three months additional imprisonment. Further, under Sections 504 and 506 I.P.C. he has been sentenced to undergo 2 years and 7 years Rigorous Imprisonment (hereinafter referred to as "R.I.") respectively. All the sentences were ordered to run concurrently.

(2.) Prosecution story as evident from First Information Report (hereinafter referred to as "FIR") as well as material available on record are as follows.

(3.) A written report (Ex.Ka-1) was presented in P.S. Sadabad, District Mahamaya Nagar by PW-1, Sugriva Singh Rawat, on 12.01.2008 stating that he is resident of Nai Basti, Eidgah. Some unsocial elements used to visit the house of his neighbor Mubarak Ali to which Informant, PW-1 had been objecting and on account thereof accused Mubarak Ali bore enmity with Informant's family. On the fateful evening, i.e., 12.01.2008, at about 6.00 PM Informant's son, Manveer Singh, had gone to the shop of Lala for purchasing certain commodities. Accused-appellant Mubarak Ali, resident of Nai Basti, Eidgah, owing to aforesaid enmity, lay in ambush in the way and assaulted his son with knife with intention to kill him. His son raised an alarm, whereupon Informant, his another son, PW-2 Rajveer Singh, Informant's wife, Smt. Phoolwati, PW-3 Bhagwan Das, son of Ram Vilas, resident of village Sarauth, Dilip Sharma, son of Satish Chandra Sharma and several other persons, who were present nearby the place of occurrence, rushed to the spot. Seeing witnesses reaching the spot, accused-appellant inflicted several knife blows and saying that though he (Manveer Singh) escaped that day but would not be saved in future, fled away. PW-1 Informant along with family members and neighbor took injured Manveer Singh to Sadabad Government Hospital in a serious condition. Condition of injured being precarious, he was referred to Agra. Informant then went to Police Station for lodging FIR. On the same day another application (Ex.Ka-2) was also given at Police Station Sadabad to the effect that while carrying injured to Agra for treatment, he succumbed to his injuries at about 8.30 PM near Bhagwan Talkies, Agra.