Decided on June 27,2012

Yassin Alias Munna Alias Nanhe Appellant
STATE OF U P Respondents


SUDHANSHU DHULIA, J. - (1.) THESE are the four appeals before this Court against the same judgment and order dated 7.11.2003 passed by the Additional Sessions Judge/First Fast Track Court, Udham Singh Nagar in Sessions Trial Nos. 210/02, 211/02, 212/02, 215/02 and 216/02. Criminal Appeal No. 367/03 is against the conviction and sentence of the accused under Sections 302/394/411 IPC, Criminal Appeal No. 337/03 is against the conviction and sentence of the accused under Section 25/27 of the Arms Act, Criminal Appeal No. 341/03 is against the conviction and sentence of the accused under Section 25 of the Arms Act and Criminal Appeal No. 338/03 is against the conviction and sentence of the accused under Section 4/25 of the Arms Act. For the sake of convenience, the leading case in the present matter, the fact of which would be referred in the preset judgment purely for the sake of convenience is Criminal Appeal No. 367 of the 2003.
(2.) THE brief fact of the case, as per the story of the prosecution, in its First Information Report (hereinafter referred to as FIR) is that an FIR was lodged on 4.4.2002 at 6.15 AM at Police Station Rudrapur by one "Banshidhar" stating that he has a firm by the name of M/s Jai Gurudev Industries on by-pass Kicchha Road, Rudrapur (District Udham Singh Nagar). In the night of /4.4.2002 when his father Sri Jai Chandra son of Hakim Chandra was in the factory, some unknown persons entered the premises of the factory and after cutting open the almirah took away the valuables and cash from the almirah and killed his father by strangulating him with a fan belt. He (the informant) could know about the incident only in the morning when he reached the factory. The FIR further states that the details of the valuables, cash and the documents would be given later. He further informs that the dead body of his father is lying in the factory premises. The FIR ends by indicating that his father was having some dispute regarding property with some persons. No one though has been named in the FIR. Subsequently, at the time of the inquest, which commenced soon thereafter, another hand written note was handed over to the police by the complainant (PW1 who is the son of the deceased). In that note, it refers to the earlier FIR, which was lodged by him. He, however, adds that after lodging of the FIR when he returned to his factory he found that the Double Barrel Gun which has Licence No. 2029-10/Rudrapur and gun number 52704 was missing along with 16 live cartridges. He further states that the cash worth Rs.1,07,000/- and three notes of Rs.100/- denomination in Nepali currency, the numbers of which were also given by him as "aa/45-767909, aa/33-921089 and aa/25- 079297" were also missing. The valuables which were missing were one gold ring of one "tola" and certain vouchers and a diary. 3. There is, however, a second FIR relating to the incident, which was lodged by the police on 5.4.2002. While they were investigating the matter, they found four persons sitting at a "pulia", and one of them fired a shot at the police party. The police was successful in apprehending at least two out of four persons. The remaining two escaped from the spot. The two persons who were caught by the police in this incident were Yassin @ Munna @ Nanhe and Mohd. Yusuf @ Guddu. The remaining two persons, according to the police, surrendered on 18.4.2002 who were Waseem Raja and Guddu @ Salam. Out of these four persons mentioned above, who were arrested on 5.4.2002 and 18.4.2002 respectively, Yassin @ Munna @ Nanhe and Guddu @ Salam were the employees in the factory of the deceased Jai Chandra. It was also revealed in the investigation that these two persons had come to the factory on 3.4.2002. After the days work they had promised that they would return the next day as usual but failed to turn up. The story of the prosecution further states that these two employees of the deceased namely Yassin @ Munna @ Nanhe and Guddu @ Salam planned the robbery along with two of their other accomplice namely Mohd. Yusuf and Waseem Raja, the other two appellants before this Court. Consequently, the police filed a charge-sheet against all the accused persons under Sections 302/394/411 IPC and 25/27 of the Arms Act. The matter was committed for sessions trial on 25.7.2002 and later the learned Sessions Judge framed charges against all the accused persons under Sections 302/394/411 IPC. Learned Sessions Judge also framed charged under Section 25/27 of the Arms Act against accused Yassin @ Munna @ Nanhe and Mohd. Yusuf @ Guddu.
(3.) THE prosecution in support of its case presented as many as eight witnesses.;

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