- (1.) ALL the three appellants Aslam (A-1), Imtiaz (A-2) and Badrruddin @ Yusuf (A-3) have approached this Court being aggrieved by the judgment and order of their conviction dated 5.5.2006 passed by Additional Session's Judge/ Fast Track Court No.I, Mirzapur, in two connected Sessions Trials, S.T. No. 142 of 2001, State Vs. Aslam and others under section 302/34 IPC and 7 of Criminal Law Amendment Act (relating the crime no. 929 of 2000) and S.T. No. 143 of 2001, State Vs. Aslam, under section 25 Arm's Act (relating to crime no. 5 of 2001),both relating to P.S. Kotwali Katra, District- Mirzapur. Learned Trial Judge after vetting the evidences tendered before it, collating facts and circumstances of the incident in question has convicted all the appellants u/s 302/34 IPC and 7 Criminal Law Amendment Act and has sentenced them to imprisonment for life with Rs. 10,000.00 fine and in default in payment of fine to undergo six months further R.I. for the first charge and 4 months R.I. for the second charge. Both the sentences were directed to run concurrently by the learned trial Judge. Hence this appeal challenging the said conviction and sentences.
(2.) PROSECUTION story narrated briefly, as was slated in the written F.I.R., Exhibit Ka-1, narrated during investigation and subsequently deposed during Sessions Trial were that one Aslam Khan was a resident of village Chitawanpur which is at a distance of 4 KMs from Kazi Talab, Jangi Road. Aslam Khan had five sons Adam, Azam, Daud, Munaf (informant), Mumtaz and Mustaq (deceased). Zubair Khan is the son of Adam Khan and Parvez Khan, eye witness of the incident and scribe of the FIR is his grandson being son of Zubair Khan. Mustaq Khan (deceased) had five sons, out of whom one was mentally unsound. Rest of his sons are Mustaq, Haider, Tauhid and Shahmir. To complete the narration of pedigree, it is pointed out that appellant Badruddin and Imtiaz are real brothers being sons of Mohd. Haq @ Mak and Appellant Aslam belongs to a different family. As a motive for the present crime it was alleged that Mustaq (deceased) along with his aforesaid four sons had committed murder of Asif @ Sonu, aged about 9-10 years of age, eldest son of appellant Aslam Khan(A-1) one and half or two years prior to the present incident and trial of that crime was proceeding on the date when the present incident occurred. On 20.12.2000 at 9.30 a.m., informant Munaf Khan, PW-1, along with deceased Mustaq, his son Parvez (PW2) and Nasib were going to Mirzapur. PW-1 &2 were on one cycle, whereas Nasib was another cycle. Deceased was on a third cycle. Deceased was going to the courts in connection with pairvi of the case of his son , whereas rest of the three were going to nursing home of Dr. Meena Vishwakarma to see Farzana, informant's daughter, who was blessed with a girl child on 18.12.2000, two days prior to the present incident. At 9.30 a.m., when all the four of them reached at Kazi Talab Jangi Road, in front of shop of Rajendra Vishwakarma, carpenter, then all the three accused appellants approached them from behind on a Suzuki motorcycle and rounded up Mustaq (deceased). Each one of them, then shot at Mustaq (deceased) from their country made pistols from point blank range causing him three fatal gunshot injuries, as a result of which Mustaq, squatted on the ground and died instantaneously. Assailants thereafter started brandishing their weapons to terrorrise people, who started running hither and thither. Doors of the houses and shutters of the shops were pulled down. When informant and others tried to apprehend murders, they were threatened with life and therefore terror striken witnesses because of fearsome psychosis could not muster enough courage to apprehend the culprits and kept themselves at bay. After committing deceased's murder accused escaped on their motorcycle.
(3.) AFTER the incident, Munaf Khan P.W.-1 got scribed incident FIR Ext. Ka-1, from his grandson Parvez Khan, P.W.- 2 and carried it to the Police station Katra Kotwali, Mirzapur, at a distance of one mile and lodged it the same day at 10.30 a.m., as crime no. 929 of 2000, under section 302/34 I.P.C. and 7 Criminal Law Amendment Act. Constable Shamshad Ansari, P.W.-3, registered the crime by preparing chik FIR Ext.Ka-5 and G.D. Entry Ka-6 and SHO Surendra Tiwari P.W. 5 immediately took over the investigation.;