Saturday, February 4, 2023

Supreme Court grants bail to man convicted to life imprisonment in double murder case

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The Supreme Court on Monday granted bail to a man convicted to life imprisonment in a double murder case on the basis of parity. 

A bench of Justices Navin Sinha and R. Subhash Reddy granted bail to co-accused Kamrey Alam on the ground of parity, noting the fact that on prior occasion, two accused were also enlarged on bail for perpetrating the double murder in daylight. The matter was tagged along with the main matter of petitioner Rabboo, who also challenged the conviction order passed by the High Court of Allahabad, 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 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 acquiital of the petitioners charged for the offence 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 tractor trolley. Thereafter accused persons armed with country made pistols, rifle started firing towards trolley. Injured witness suffered grazing gun shot injury on forearm. Accused person hit uncle of informant with Fatte in nearby field and upon him, rifle shots were fired on his chest too. A FIR got lodged on the same date of incident at 3.30 pm.

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Two empty catridges of 315 bore and two catridges of bore having  blood stain on it and on plain earth, and seizure memo was prepared.  Inquest memo of both deceased bodies were prepared too. A autopsy on body of  Ishtiyak was conducted and  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 was also fractured, Shock and hemorrhage occasioned due to sustained ante mortem injury were the cause of death for which inflicted injury caused by firearm (rifle) was  sufficient in the ordinary course of nature.  

Doctor examined injured witness and submitted injury report which revealed that pallet like wound was found on the right forearm.  

On the basis of evidences and statement of witnesses, the trial court acquitted petitioners from offences under Sections 147, 148, 302/149 and 307/149 IPC.

“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 daylight murders of his father and uncle, which happened before him. It is too much to expect that a son will concoct a nascent version to seek vengeance sparing real murderers, when during last the two years, he had not done anything against the accused,” the Allahabad High Court had observed.

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The High Court held the petitioners 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, including Julfey, Rabbu, Kamrey Alam, Arif and Julfikar, were found guilty for offence under Section 148 IPC sentenced to two years RI with fine of Rs 5000 and in default of payment, to serve one year additional imprisonment, for offence under Sections 302/149 IPC. Each one of them were sentenced to life imprisonment with fine of Rs 10000-and in default, in payment thereof to serve two years further RI and for offence under sections 324/149 IPC.

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All of them except Julfey were sentenced to two years RI with fine of Rs 2000 and in default in payment of fine to serve one year additional RI. Julfey, for offence under Section 324 IPC was also sentenced to 2 years RI with 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, observed the High Court

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