MUKARRAB ETC. Vs. STATE OF U.P.
SUPREME COURT OF INDIA
STATE OF U.P.
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(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
(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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