Case Summary : Ali Ahmed & Ors v. State of U.P.

Ali Ahmed & Ors v State of U.P.

Author : Shruti Kumari

CITATIONS: 1995 Cri L.J. 3474

BENCH: S. Jain, I. Mathur

INTRODUCTION:

This Case is at when criminal appeal in the hon’ble Supreme Court by the Accused against their conviction under sections 302 read with 149, u/s 307/149. Present Case is very complex and the judgment was firstly passed by the Additional Sessions Judge 8^th Bareilly. The accused are namely Ali Ahmed, Mohd. Sher, Saddiq, Meer Jadhey, Mohd. Yaseen, Chimman and Achchan. In this case accused are appellants and appeal has been filed before the Hon’ble Allahabad High Court.

FACTS:

In this case of Ali Ahmed & Ors v State of U.P., according to the prosecution accused family of Ali Ahmed and having grudges against the family of Pir Bux. Dacoity was commited in the house of Pir Bux in year 1973 and both Pir Bux & Sakhavat were killed. Due to which there were no male member so his wife Haseena said her brother Nathu to live with her. Also prior to the incident Haseena was beaten by the accused.

Accused armed with harmful instruments surrounded the Nathu on 28-7-1977 in the morning in front of the house of Chottey and started assaulting him. Then for helping him Haseena and Dilwar came meanwhile Nathu was hiding himself at chottey’s house. Then accused Mohd. Sher & Ali Ahmed ran behind him and fired the shots from the gun towards the Mahmood, his wife and his son as a result all died. Then on the same day at 8 a.m. Chhotey lodged a criminal report at the Police Station on the basis of which case was registered against the accused under sections 147/148/302/149/307, IPC.

Judgment was passed against the accused by the Additional Session Judge 8^th Bareily. The court convicted the accused under sections 302/149, IPC and also sentenced for life imprisonment. They also convicted under section 307/149, IPC. Ali, Sher, Saddim and Achcham punished under s. 148 while Jadhey, Yaseen and Chimman punished under s. 147, IPC. Against this judgment accused has preferred for a criminal appeal in the Allahabad High Court.

ISSUES & FACT OF LAW:

Whether the appeal filed by the accsed is maintainable? And accused were convicted under Section 302/149 and 307/149, Indian Penal Code (regarding Jameelan and Nanhey) or not?

JUDGMENT:

Hon’ble Supreme Court has partially allowed the appeal. Hon’ble Supreme Court has convicted the accused but decrease the quantum of punishment. As hon’ble Court has set aside the punishment under the section 302/149 and convicted them under sec. 302/34, IPC and sentenced them for life imprisonment. Also their conviction in respect of Nathu and Jamleen u/s 307/149 is set aside and convicted them u/s 324/149, IPC in respect to Nathu and also sentenced for the rigorous imprisonment of 3 years.