ASTAFA & OTHERS Vs. STATE OF U.P.
LAWS(ALL)-2016-10-141
HIGH COURT OF ALLAHABAD
Decided on
October 25,2016
Astafa And Others
Appellant
VERSUS
STATE OF U.P.
Respondents
Referred Judgements :-
LAL MANDI,APPELLANT V. STATE OF WEST BENGAL,RESPONDENT [REFERRED TO]STATE OF PUNJAB V. SUIJA RAM [REFERRED TO]
AMAR SINGH V. BALWINDER SINGH [REFERRED TO]
BISHUNDEO PODDAR V. STATE OF BIHAR [REFERRED TO]
CHAVDA JIVANJI CHELAJI V. STATE OF GUJARAT [REFERRED TO]
RAVI ALIAS RAVICHANDRAN V. STATE [REFERRED TO]
HEMA V. STATE [REFERRED TO]
M.C. ALI V. STATE OF KERALA [REFERRED TO]
MANO DUTT V. STATE OF U.P. [REFERRED TO]
NAND KUMAR V. STATE OF CHHATTISGARH [REFERRED TO]
PANDURANG TUKIYA & BHILLIA V. STATE OF HYDRABAD [REFERRED TO]
DALIP SINGH VS. STATE OF PUNJAB [REFERRED TO]
RANA PARTAP VS. STATE OF HARYANA [REFERRED TO]
STATE OF UTTAR PRADESH VS. RAM SWARUP [REFERRED TO]
GIRISH YADAV VS. STATE OF MADHYA PRADESH [REFERRED TO]
ALLARAKHA K MANSURI VS. STATE OF GUJARAT [REFERRED TO]
BHAGWAN SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
DHARAMENDRASINH MANSING RATANSINH VS. STATE OF GUJARAT [REFERRED TO]
STATE OF UTTAR PRADESH VS. JAGDEO [REFERRED TO]
PRITHVI MINOR VS. MAM RAJ [REFERRED TO]
THANGAIYA VS. STATE OF TAMIL NADU [REFERRED TO]
VIKRAM SINGH VS. STATE OF PUNJAB [REFERRED TO]
C MUNIAPPAN VS. STATE OF TAMIL NADU [REFERRED TO]
SANDEEP VS. STATE OF U P [REFERRED TO]
SHYAMAL GHOSH VS. STATE OF WEST BENGAL [REFERRED TO]
DARBARA SINGH VS. STATE OF PUNJAB [REFERRED TO]
SHYAM BABU VS. STATE OF U.P. [REFERRED TO]
GAJOO VS. STATE OF UTTARAKHAND [REFERRED TO]
AVTAR SINGH VS. STATE OF HARYANA [REFERRED TO]
DAHARI VS. STATE OF U.P [REFERRED TO]
SHANMUGAM VS. STATE REP. BY INSPECTOR OF POLICE, T.NADU [REFERRED TO]
STATE OF KARNATAKA VS. SUVARNNAMMA [REFERRED TO]
SUSANTA DAS & ORS. VS. STATE OF ORISSA [REFERRED TO]
GULZARI LAL VS. STATE OF HARYANA [REFERRED TO]
SADHU SARAN SINGH VS. STATE OF U.P. AND ORS. [REFERRED TO]
JUDGEMENT
Alok Mukherjee, J. -
(1.)Criminal Appeal No. 1013 of 1983 has been filed by the accused appellants; Astafa, Sufian Ahmad, Abdul Rahman, Ubaidur Rahman, Rashiduddin @ Bhullan, Rahim and Anis Ahmad and Criminal Appeal No. 1015 of 1983 has been filed by the remaining accused- appellants Kadiruddin alias Kaddan, Sagiruddin alias Saggan and Haseen challenging the impugned judgment and order dated 22.04.1983 passed in Sessions Trial No. 184 of 1979 (State of U.P. Vs. Astafa and others); Crime No. 319 of 1978 , Police Station Dhoomanganj, District Allahabad whereby the learned VI Additional Sessions Judge, Allahabad had convicted all the accused appellants under Sections 148 and 302 I.P.C. read with Sec. 149 I.P.C. and sentenced them with three years rigorous imprisonment and a term of imprisonment for life, respectively. Since both these appeals arise out of a common judgment and order dated 22.04.1983, both were connected and heard together.
(2.)It is relevant to mention that during the pendency of these criminal appeals accused-appellants Abdul Rahman, Rashiduddin @ Bhullan and Anis Ahmad have died in Criminal Appeal No. 1013 of 1983 and in Criminal Appeal No. 1015 of 1983, accused-appellants Kadiruddin alias Kaddan and Sagiruddin alias Saggan have died. Therefore, the appeals filed on their behalf stand abated vide order dated 16.02.2016 passed by coordinate Bench of this Court and these appeals are being disposed of by a common judgment only for the remaining surviving accused appellants Astafa, Sufian Ahmad, Ubaidur Rahman, Rahim and Haseen.
(3.)In brief, prosecution case is that the informant Abdul Moid @ Nanhe son of Abdul Rauf, village Mariyadeeh, P.S. Dhoomanganj, District Allahabad lodged an F.I.R. on 28.09.1978 at about 18:30 hours (6.30 P.M.) at Police Station Dhoomanganj, District Allahabad stating therein that the informant, deceased and other eye witnesses as well as the accused persons/appellants are the residents of the same village, which is a factionridden village and that all the accused persons/appellants are related to each other. Prior to this incident, a Criminal Case under Sec. 107/116 of the Code of Criminal Procedure (in short "the Code") was pending between the accused persons on one side and the deceased Mohd. Ilyas alias Illa on the other side. During the pendency of the aforementioned case, it is alleged that the deceased Mohd. Illiyas @ Illa had fired on the appellants Astafa and his brother Nafees. Consequently, a case for the offence under Sec. 307 I.P.C. was registered against the deceased and he was taken under custody. Subsequently, he was released on bail by the High Court only about 20 days before this incident.
(2.)It is relevant to mention that during the pendency of these criminal appeals accused-appellants Abdul Rahman, Rashiduddin @ Bhullan and Anis Ahmad have died in Criminal Appeal No. 1013 of 1983 and in Criminal Appeal No. 1015 of 1983, accused-appellants Kadiruddin alias Kaddan and Sagiruddin alias Saggan have died. Therefore, the appeals filed on their behalf stand abated vide order dated 16.02.2016 passed by coordinate Bench of this Court and these appeals are being disposed of by a common judgment only for the remaining surviving accused appellants Astafa, Sufian Ahmad, Ubaidur Rahman, Rahim and Haseen.
(3.)In brief, prosecution case is that the informant Abdul Moid @ Nanhe son of Abdul Rauf, village Mariyadeeh, P.S. Dhoomanganj, District Allahabad lodged an F.I.R. on 28.09.1978 at about 18:30 hours (6.30 P.M.) at Police Station Dhoomanganj, District Allahabad stating therein that the informant, deceased and other eye witnesses as well as the accused persons/appellants are the residents of the same village, which is a factionridden village and that all the accused persons/appellants are related to each other. Prior to this incident, a Criminal Case under Sec. 107/116 of the Code of Criminal Procedure (in short "the Code") was pending between the accused persons on one side and the deceased Mohd. Ilyas alias Illa on the other side. During the pendency of the aforementioned case, it is alleged that the deceased Mohd. Illiyas @ Illa had fired on the appellants Astafa and his brother Nafees. Consequently, a case for the offence under Sec. 307 I.P.C. was registered against the deceased and he was taken under custody. Subsequently, he was released on bail by the High Court only about 20 days before this incident.
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