ZAHEER ALAM Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-9-3
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on September 24,2013

ZAHEER ALAM Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) All the appellants, named in the cause title, are the real brothers and they are in jail ever since their date of arrest viz. sometime in last May or in the beginning of June, 2008. The incident allegedly occurred on 28th May, 2008 at 4 PM and the first information report (Ex.Ka-1) was lodged by Sirajuddin (real brother of deceased Shahbuddin) on the same day at 18:20 hours i.e. within 2 hours of the incident at Police Station Haldwani, District Nainital. Chick report thereof is Ex.Ka-7. The FIR pertains to crime no.259 of 2008, which was initially lodged for the offence u/s 307, 506 IPC, because the injured persons could not succumb to their injuries by that time. Later on, during treatment at Sushila Tewari Hospital, Haldwani in the intervening night of 28/29th May, 2008, when all the three injured viz. Shahbuddin (husband) aged about 25 years, his wife Reshma, aged about 22 years and an unborn male baby in her womb, in the advance stage of nine months, lost their lives; the case was, accordingly, converted to Section 302 IPC.
(2.) As per the FIR, victim Reshma was the real sister of all the appellants. Both the families resided almost in close neighbourhood at Azad Nagar area, Lane No.16, Haldwani, District Nainital. Ms. Reshma fell in love and subsequently wedded with Shahbuddin against the wishes of her family. As is divulged from the prosecution evidence, the wedding was to the dislike of family members on account of variance of couple s caste. Since it was not in accordance with the prevalent customs, it was impermissible for the duo to enter into the marriage. This was the main ground for annoyance of all the family members of Reshma. It transpires that after entering into wedding, sometime after the mid of 2007 at some different place other than Haldwani town, victim Reshma, along with her husband, remained 2-3 months outside the town and could return to her in-laws house after that time only. This was done by Reshma and her husband Shahbuddin in order to calm down the annoyance of her family members. She was impregnated and at the time of incident, she was in the advance stage of her family way. As alleged, all the accused/appellants could not extinguish their annoyance even after lapse of 7-8 months of marriage and on the fateful day of 28.5.2008 at about 4 PM, when Shahbuddin was returning along with his wife Reshma after her medical check up in his private owned Maruti Car, appellants grabbed the opportunity at the moment when such car passed through the shop of Zaheer Alam at Idgah Road Lane no.11, Azad Nagar, Haldwani. Appellants got the car stopped after chasing for few paces and surrounded the same. Appellant Zaheer Alam broke the car s windscreen by hitting an iron rod. Accused Raees Ahmad was having a knife; Zaheer was having a dagger; Faheem Alam was having a Chhapad (another kind of sharp edged weapon) whereas Aneez was armed with a sword. The reporter further states that the accused persons then pulled Shahbuddin along with his wife Reshma from the car and hacked the couple indiscreetly with their respective sharp edged weapons. It made the couple seriously injured and soaked with blood. Since the incident allegedly occurred in broad daylight at a crowded market, it gave rise to a lot of hue and cry. On hearing the noise, Sirajuddin (informant) & Islamuddin (real brothers of deceased Shahabuddin), Zaheer Ahmed, Miraz Ahmed and several other persons of the locality reached the spot and witnessed the occurrence. This terrible incident created fear in the minds of nearby shopkeepers. When the witnesses raised alarm, the appellants took to their heels hurling threat to kill and brandishing the bloodstained weapons in their hands. The informant and his brother immediately shifted injured persons firstly to the Base Hospital, Haldwani, wherefrom they were referred for Sushila Tewari Hospital, where they breathed their last.
(3.) Inquest was conducted on 29.5.2008 in the mortuary of Sushila Tewari Hospital, Haldwani. Inquest report of deceased Reshma is Ex.Ka-7A, deceased Shahbuddin is Ex.Ka-12 and that of baby child is Ex.Ka-17. In the opinion of the Panch witnesses, death of Reshma and Shahbuddin took place on account of ante-mortem injuries whereas the baby died in the womb because his mother died during the course of providing medical treatment.;


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