Decided on November 30,2016

Mukarrab Etc. Appellant
STATE OF U.P. Respondents


R.BANUMATHI,J. - (1.) The present appeals by special leave impugn the judgment dated 27.05.2014 passed by the High Court of Judicature at Allahabad, whereby the appeal filed by the appellants herein was dismissed affirming their conviction under Section 302 IPC read with Section 149 and Section 148 IPC and also sentence of imprisonment for life under Section 302 IPC and rigorous imprisonment for two years under Section 148 IPC.
(2.) Totally six accused including the appellants herein were convicted. The Special Leave Petitions preferred by the other accused namely Babban, Moazzam, Jahangir and Jamil were dismissed by this Court at the admission stage itself on 12.09.2014. Since the appellants Mukarrab and Arshad had raised the claim of juvenility before this Court, notice was issued qua these accused to examine their claim that they are juveniles in conflict with law under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000.
(3.) Case of the prosecution is that on 22.03.1994, present appellants, Mukarrab and Arshad alongwith four others viz. Babban, Moazzam, Jahangir and Jamil had a quarrel with the deceased, Azamul Haq while he was coming back to his house from the market at around 5.30 p.m., the accused persons abused the deceased on the pretext that he was causing obstruction in Mangal Bazaar. Deceased tried to escape from the clutches of the appellants and other accused; but he was caught and attacked by tamanchas/guns and knives and killed. The occurrence was witnessed by five eye witnesses who were coming behind the deceased.;

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