SALAUDDIN Vs. STATE OF U.P.
LAWS(ALL)-2019-12-251
HIGH COURT OF ALLAHABAD (FROM: LUCKNOW)
Decided on
December 10,2019
SALAUDDIN
Appellant
VERSUS
STATE OF U.P.
Respondents
Referred Judgements :-
DALIP SINGH VS. STATE OF PUNJAB [REFERRED TO]RAGHUBIR SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
SHIVAJI GENU MOHITE VS. STATE OF MAHARASHTRA [REFERRED TO]
PIARA SINGH VS. STATE OF PUNJAB [REFERRED TO]
HARI OBULA REDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
SOLANKI CHIMANBHAI UKABHAI VS. STATE OF GUJARAT [REFERRED TO]
STATE OF UTTAR PRADESH VS. KRISHNA GOPAL [REFERRED TO]
RAMMI VS. STATE OF MADHYA PRADESH [REFERRED TO]
LEELA RAM VS. STATE OF HARYANA [REFERRED TO]
ANIL RAI VS. STATE OF BIHAR [REFERRED TO]
STATE OF UTTAR PRADESH VS. JAGDEO [REFERRED TO]
RAMANAND YADAV VS. PRABHU NATH JHA [REFERRED TO]
BIHARI NATH GOSWAMI VS. SHIV KUMAR SINGH [REFERRED TO]
RAMA SHISH RAI VS. JAGDISH SINGH [REFERRED TO]
STATE OF U P VS. KISHANPAL [REFERRED TO]
STATE OF U P VS. HARI CHAND [REFERRED TO]
VIJAY ALIAS CHINEE VS. STATE OF MADHYA PRADESH [REFERRED TO]
BHAGALOO LODH VS. STATE OF U P [REFERRED TO]
SAMPATH KUMAR VS. INSPECTOR OF POLICE [REFERRED TO]
SHYAMAL GHOSH VS. STATE OF WEST BENGAL [REFERRED TO]
DAHARI VS. STATE OF U.P [REFERRED TO]
RAJU @ BALACHANDRAN VS. STATE OF TAMIL NADU [REFERRED TO]
MRITUNJOY BISWAS VS. PRANAB [REFERRED TO]
GANGABHAVANI VS. RAYAPATI VENKAT REDDY [REFERRED TO]
JODHAN VS. STATE OF M P [REFERRED TO]
JUDGEMENT
RAJ BEER SINGH,J. -
(1.)This criminal appeal has been preferred against the judgment and order dated 13.03.1989 passed by VII Additional District and Sessions Judge, Meerut in S.T. No. 679 of 1987 (State vs. Salauddin and Two Others), under Sections 302/34, 323/34 of Indian Penal Code (hereinafter referred to as 'I.P.C.'), Police Station Sardhana, District Meerut, whereby accused-appellants, namely, Salauddin and Riazuddin have been convicted under Section 302/34 of IPC and sentenced to undergo imprisonment for life, whereas they have been acquitted of the charge under Section 323/34 of IPC. However, co-accused Umarddin has been acquitted of the charge under Sections 302/34 and 323/34 of IPC.
(2.)According to prosecution version, on 14.09.1986 PW-1 Hasin Khan and his brother Shakil were returning back to their village after seeing a wrestling competition (Dangal) and when they reached near house of accused-appellant Salauddin in their village, accused-appellants Salauddin and Riazuddin confronted Hasin by uttering as to why he has abused his brother yesterday. PW-1 Hasin Khan denied any abusing but it ensued into a scuffle wherein accused-appellant Riazuddin has slapped PW-1 Hasin Khan. After coming to their home, PW-1 Hasin Khan and his brother Shakil narrated the incident to their father Abdul Rehman Khan (deceased). In order to subsidy the matter, at about 06.00 PM Abdul, Rehman Khan along with Shakil and PW-1 Hasin Khan went to the house of accused-appellant Salauddin. There accused-appellants Salauddin and Riazuddin, armed with country made pistols, were standing in front of their house. Co-accused Umarddin was also standing near them. As they saw Abdul Rehman Khan and his sons, accused-appellant Salauddin exhorted to kill them by firing and consequently, accused-appellants Salauddin and Riazuddin fired one shot each at Abdul Rehman Khan. Hearing noise of firing, Aizaz, Iqbal alias Ballo, Munna, Sarfaraz and many other persons of the village also reached there. Co-accused Umarddin pelted a brick, which caused injury to Aizaz Khan.
(3.)PW-3 Jamil Ahmad reported the matter to police by submitting written complaint Ex. Ka-1 and on that basis the FIR was registered on 14.09.1986 at 19:45, under Sections 307/336 of IPC against accused-appellants Salauddin, Riazuddin and acquitted co-accused Umarddin vide Ex. Ka-18.
(2.)According to prosecution version, on 14.09.1986 PW-1 Hasin Khan and his brother Shakil were returning back to their village after seeing a wrestling competition (Dangal) and when they reached near house of accused-appellant Salauddin in their village, accused-appellants Salauddin and Riazuddin confronted Hasin by uttering as to why he has abused his brother yesterday. PW-1 Hasin Khan denied any abusing but it ensued into a scuffle wherein accused-appellant Riazuddin has slapped PW-1 Hasin Khan. After coming to their home, PW-1 Hasin Khan and his brother Shakil narrated the incident to their father Abdul Rehman Khan (deceased). In order to subsidy the matter, at about 06.00 PM Abdul, Rehman Khan along with Shakil and PW-1 Hasin Khan went to the house of accused-appellant Salauddin. There accused-appellants Salauddin and Riazuddin, armed with country made pistols, were standing in front of their house. Co-accused Umarddin was also standing near them. As they saw Abdul Rehman Khan and his sons, accused-appellant Salauddin exhorted to kill them by firing and consequently, accused-appellants Salauddin and Riazuddin fired one shot each at Abdul Rehman Khan. Hearing noise of firing, Aizaz, Iqbal alias Ballo, Munna, Sarfaraz and many other persons of the village also reached there. Co-accused Umarddin pelted a brick, which caused injury to Aizaz Khan.
(3.)PW-3 Jamil Ahmad reported the matter to police by submitting written complaint Ex. Ka-1 and on that basis the FIR was registered on 14.09.1986 at 19:45, under Sections 307/336 of IPC against accused-appellants Salauddin, Riazuddin and acquitted co-accused Umarddin vide Ex. Ka-18.
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