YAKUB AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Criminal Appeal No. 702-DB 2001 has been filed by Yakub and 10 others while Hasmat is the sole appellant in Criminal Appeal No. 100-DB of 2002. The 12 appellants alongwith 11 others had faced trial before learned Additional Sessions Judge, Gurgaon. The learned Trial Judge was pleased to convict the appellants vide judgment dated Oct. 24, 2001 under Sec. 302 read with Sec. 149 of the Indian Penal Code and other lesser offences and vide order dated Oct. 25, 2001 awarded them imprisonment for life and other lesser sentences as mentioned in detail in the judgment of the Trial Court.

(2.) Akhera seems to be a typical village in the rural hinterland of Gurgaon known as Mewat. Its inhabitants are Meos and Muslims by faith. On May 22, 1994 the village was celebrating the festival of Id-ul-Zuha (or Bakra Id). The atmosphre of piety was shattered at 10 A.M. by 23 armed men who ran amuck firing with abandon from their guns and pistols at peace loving villagers. The gunmen had full control of the village for about an hour. When the gunmen retreated and dust settled, an eerie calm engulfed the village. 15 men had been injured during the occurrence including two who received fatal gun shot injuries. Sahid Ahmad died at the spot. Ashu died 2 days later at Safdarjung Hospital, New Delhi.

(3.) The flash point was reached over a trifling matter. Allahbux had been entrusted a sum of Rs. 10,000.00 on trust belonging to village Mosque. Rasula, Basiruddin and Nasru (PW-2) gathered in Rasula's house after the Id prayers and had asked on Rukmuddin to call Allahbux so that he could account for the money that had been given to him for repair of the Mosque. At that time Rasid Ahmad (PW-1) brother of Sahid Ahmad (deceased) was also present. Rukmuddin returned and told Rasaula and others that he had asked Allahbux to come but Allahbux did not reply.