V.K.DIXIT, J. - (1.) BY these appeals, the appellants, Afaq and Akhlaq aftas Ekhlaque alias Mohd. Ekhlaque (hereinafter to be referred as Akhlaq) seek to challenge the judgment and order dated 15.7.2008 passed by the learned Special Judge, Gangsters Act, District Faizabad in Gangster Case No. 738 of 2003, whereby the appellants have been held guilty of charges under Sections 302 and 307/34, I.P.O. and Section 3 (1) of the U. P. Gangsters and Anti Social Activities (Prevention) Act, 1986, for committing the murder of Altaf, Agma, Hazarabano and Sonu and for causing injuries to Salma and thereby awarded sentences as under : Appellants Found guilty of an offence under Section Sentenced to Akhlaq 3 (1) of the U. P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. 3 years R.I. and fine of Rs. 5,000 and in default of payment of fine, to undergo further imprisonment of one year. 307/34, I.P.C. 5 years R.I. and fine of Rs. 5,000 and in default of payment of fine, to undergo further imprisonment of one year. 302, I.P.C. Death Afaq 3 (1) of the U. P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. 3 years R.I. and fine Rs. 5,000 and in default of payment of fine, to undergo further imprisonment of one year. 307/34, I.P.C. 5 years R.I. and fine of Rs. 5,000 and in default of payment of fine, to undergo further imprisonment of one year. 302, I.P.C, Death
(2.) THUMBNAIL sketch of the Facts of the case is as mentioned hereinbelow : The complainant in the instant case is Ausafulnisa wife of Ambia Khan resident of village Jaganpur police station Raunahi, District Faizabad who happens to be the mother of deceased Agma. She lodged the F.I.R. in question at the Police Station Raunahi, District Faizabad on 23.7.2003 at 6.45 hrs. The allegations in the F.I.R substantially are that the daughter of complainant, Agma (deceased), was tied in nuptial knots with Altaf son of Saeed resident of Nimaicha Salheypur, Police Station Raunahi, District Faizabad. It is alleged that there was a bad blood between her son-in-law Altaf on one hand and his brothers namely Akhlaq and Afaq, on the other hand. The complainant had gone to the house of her son-in-law on 22.7.2003 to bring about settlement between them. She stayed back there in the night. It is further alleged that at about 3.30 hrs. Akhlaq and Afaq assaulted her son-in-law Altaf, daughter, grandson and granddaughters with their axes. When the assaulted persons screamed for help, which attracted people and thereupon being challenged, both the appellants fled away from the spot. It is further alleged that when all the injured persons were being taken to Faizabad for treatment, her daughter Agma, son-in-law Altaf and grandson Sonu succumbed to their injuries in the way and her granddaughter Hazarabano who was referred by the District Hospital to Lucknow, also succumbed to her injuries on way to Lucknow. Her nine year old grand- daughter Salma was taken to District Hospital, Faizabad, for treatment and she was the only injured who survived. On the basis of the said complaint, a case was registered as Crime No. 485 of 2003 under Sections 302, 307, 324 and 120B, I.P.C. and Section 3 (1) of the U. P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, at Police Station Raunahi, District Faizabad. The Station Officer of the police station, Sri Abhimanyu Dhar Dwivedi who was present at the police station, as Investigating Officer started the investigation of the case. After investigation the charge-sheet under Sections 302, 307, 324 and 120B, I.P.C. and Section 3 (1) of the U. P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 was filed against the accused Akhlaq, Afaq, Smt. Nagina and Smt. Nagma. On the basis of aforesaid charge-sheet on 15.4.2004 the learned trial court framed charge under Sections 302, 307, 324 and 120B, I.P.C. and 3 (1) U. P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 to which the appellants Akhlaq and Afaq and non- appellants Smt. Nagina and Smt. Nagma pleaded not guilty and claimed trial. Having denied the charge the appellants and co-accused Smt. Nagina and Smt. Nagma faced trial. During the trial the prosecution in support of its case examined in all eight witnesses namely P.W. 1 Adil, P.W. 2 Salma and P.W. 3 Ausafulnisa who was also complainant, P.W. 4 Dr. Chandra Shekhar Singh, P.W. 5 Dr. A. P. Tiwari, P.W. 6 Investigating Officer Shri Abhimanyu Dhar Dwivedi, the then Station Officer of police station Raunahi, District Faizabad, P.W. 7 Dr. D. P. Mishra and P.W. 8 Shri Azad Keshari Sub-Inspector, Police Station Raunahi, District Faizabad.
(3.) THE accused in their statements under Section 313, Cr. P.C denied the incriminating evidence appearing against them. They pleaded that they have been implicated in a false case due to enmity and claimed to be innocent.;