New Delhi Aug 16(ILNS): The Supreme Court today granted bail to a man convicted to life imprisonment in a double murder case on the basis of parity.
A bail plea of co-accused Kamrey Alam was heard by the bench comprising of Justice Navin Sinha and Justice R. Subhash Reddy on Monday, and granted him bail on the ground of parity, noting the fact that on a prior occasion, 2 accused were also enlarged on bail for perpetuating the double murder in daylight. This matter was tagged along with the main matter of Petitioner Rabboo who also challenged the conviction order passed by the High Court of Allahabad and had sought bail and was subsequently released from the apex court.
During the hearing today, Rana Mukherjee, counsel for the state submitted that the criminal appeal may be expedited, since it is a very old matter, and for the Petitioner, Counsel Deepak has appeared.
The Bench comprising of Justice Navin Sinha and Justice Krishna Murari had previously issued notice on the application for delay of approximately 2183 days as well as on merits on 2.03.2020 on the petition of co-accused Kamrey Alam.
On an appeal by the State government of UP by which it had challenged the acquittal of the petitioners charged for the offense under section 147, 148, 302/149, 307/149 IPC, their acquittal was turned into a conviction by Allahabad High Court.
The fact of the case was that Informant Minzar along with his father Ishtiyak Hussain and uncle Ishak left for Sunday market in a tractor-trolley. Thereafter accused persons armed with country-made pistols, rifles started firing towards the trolley. The injured witness suffered a grazing gunshot injury on the forearm. The accused person hit the uncle of the informant with Fatte in a nearby field and upon him, rifle shots were fired on his chest too. An FIR got lodged on the same date of the incident at 3.30 pm.
Two empty cartridges of 315 bore and two cartridges of a bore having bloodstain on it and on plain earth and seizure memo were prepared. Inquest memos of both deceased bodies were prepared too. An autopsy on the body of Ishtiyak was conducted and a gunshot wound was found, apart from that, digested food in the stomach was also present, and in the small and large intestines digested food gases and fecal matter were also present. Ribs of deceased were also fractured, Shock and hemorrhage occasioned due to sustained ante mortem injury were the cause of death for which inflicted injury caused by a firearm (rifle) was sufficient in the ordinary course of nature.
The doctor examined the injured witness and submitted an injury report which revealed that a pallet-like wound was found on the right forearm.
On the basis of evidence and statement of witnesses, the trial court acquitted petitioners from offenses under 147. 148, 302/149, and 307/149 IPC.
The High court of Allahabad observed that “If there was no motive for the accused to commit the crime so was the case with the informant and the injured not to falsely implicate innocent persons and spare the real assailants of an incident in which their most dear ones had lost their lives. The informant would have been the last person to cook up a story of the daylight murders of his father and uncle, which had happened in his witnessing. It is too much to expect that a son will concoct a nascent version to seek vengeance sparing real murderers when during last two years he had not done anything against the accused.”
The High court of Allahabad held the petitioners to be guilty of double murder and causing simple injury to the injured by forming an unlawful assembly with a common object for the said purpose.
The accused persons namely Julfey), Rabbu, Kamrey Alam, Arif ( and Julfikar were found guilty for offenses u/s 148 IPC sentenced to 2 years RI with a fine of Rs. 5000/- and in default of payment of fine to serve 1-year additional imprisonment, for offense u/s 302/149 IPC each one them Julfey (A10), Rabbu (A9), Kamrey Alam (A7), Arif (A8) and Julfikar (A4) are sentenced to life imprisonment with fine of Rs. 10000/ -and in default in payment thereof to serve 2 years further RI and for offense u/s 324/149 I.P.C. all of them except Julfey (A10) are sentenced to 2 years RI with fine of Rs. 2000/= and in default in payment of fine to serve 1 year additional RI. Julfey (A10), for offense u/s 324 IPC is also sentenced to 2 years RI with a fine of Rs. 2000/= and in default in payment of fine to serve 1 year additional RI. All the sentences of these respondents accused shall run concurrently, said the High Court. ILNS/KY/SNG