ABDUL HAQ Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This Criminal Appeal is directed by the four accused/appellants, namely, Abdul Haq, Sharafat Ali, Saeed Ahmad and Ansar against the judgment and order dated 28-3-1980 passed by Sri K. P. Sinha, VI Addl. Sessions Judge, Fatehpur in S.T. No. 152 of 1979. There was one another accused Kamaluddin who has been acquitted by the learned Addl. Sessions Judge, Fatehpur. Each of them has been convicted for the offences punishable under Ss. 302/34 and 307/34, IPC and sentenced to life imprisonment under S. 302/34, IPC and ten years' rigorous imprisonment under S. 307/34, IPC. Both the sentences have been ordered to run concurrently.

(2.) The life of one Niaz Ahmad was cut short in the incident on 12-9-1978 at about 8-30 a.m. and a girl Ahmadunnisan sustained gun shot injuries. The genesis of prosecution case is the written FIR lodged as P.S. Khakhreru, District Fatehpur by Kabool Alumad on 12-9-78 at 11 a.m. He is the brother of deceased Niaz Ahmad and father of the injured girl. The case of the prosecution, as culled out from the FIR and the evidence, was that on the fateful day at about 8-30 a.m. the informant was talking with Surajpal near his house in the room of Ekram Husain. Ishaq was drawing water from the nearby well. Niaz Ahmad was sitting in the verandah of his Baithaka. It was at that time that his enemies viz., the present four appellants and Kamaluddin armed with guns came from the side of the door of one of them Abdul Haq. Abdul Haq challenged Niaz Ahmad and having said that he would not be spared and that the revenge would be taken by killing all the inmates of his family, he exhorted Sharafat to open fire. Sharafat opened fire from his gun on Niaz Ahmad and the latter sustained injury thereof on his ankle. Niaz Ahmad raised alarm. The informant's daughter Ahmadunnisan came out from the house. The accused persons kept on firing at Niaz Ahmad. Ahmadunnisan fell upon Niaz Ahmad in order to save him. The accused Abdul Haq then instigated his companions to kill her too and he himself fired on her. As a result, she sustained gun shot injuries. Witnesses Ishaq. Surajpal and Hisamuddin also challenged the accused persons who then went back by the route through which they had come. Niaz Ahmad died at the spot. There was old enmity between two sides. In 1976 accused Abdul Haq had received gun shot injury. The informant and the deceased were implicated as accused of that case but they were acquitted by the Court.

(3.) A case under Ss. 147/148/307/302, IPC was registered which was investigated by P.W. 6 S.O. Sheo Kumar Singh. At the trial, the prosecution examined P.W. 1 Kabool Ahmad and P.W. 2 Ahmadunnisan as eye-witnesses. Dr. Som Sharma who had conducted autopsy on the dead body of the deceased Niaz Ahmad was examined as P.W. 3 Cr. J.S. Roy was examined as P.W. 5 who had examined the injuries of P.W. 2 Ahmadunnisan. P.W. 4 Munir Ahmad was examined as scribe of the FIR and P.W. 6 S.O. Sheo Kumar Singh as I.O. of the case who formally proved the various documents also.