Mohd.Usman v. State & Ors

ORDER

28.rt.2011

¶1By the present petitions the complainant and the State challenge the impugned order dated 17fr August, 2009 wherein the Respondents Saina, Shehzabi and Bilkis have been discharged for offences punishable under Section 307134IPC. Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing.

¶2In the present petitions notices were issued to the Respondents which were duly served. Despite service initially though none appeared on behalf of the Respondents, however on 29'h November, 20LQ the husband of Shehzabi and father of Bilkis appeared stating that his counsel Mr. Javed Khan was not available and sought for an adjournment. Subsequently, on 4th August, 2010 in CRL.REV.P.No. 660812009 though the learned counsel had appeared, however thereafter he has not entered appearance. Since the Respondents are not appearing despite service, this Court has proceeded to decide the matter on perusal of the Trial Court Record and after hearing the learned counsel for the Petitioners.

¶3Briefly the allegations as set out in the FIR are that Shahabuddin the main accused was the former Imam of the mosque and since then he was in possession of 4 rooms of the mosque and had not vacated the same. On 7'h March, 2008 at about 2.30 PM after the Namaj since the water-supply was not available, one Hafiz Maqsood Ahmed a caretaker and teacher in the Madarsa sent two boys namely Bilal and Wajid, his students to the roof of the mosque to check the water in the water tank. On this Shahabuddin said to the two boys to go away from the said place and instantly hit those two boys with the bat on their head which led to injuries and bleeding from the parietal regign. On hearing the noise of the two boys crying, Mohd. Usman and Hafiz Maqsood rushed towards the spot. In the meanwhile Shehzabi wife of Shahabuddin along with Bilkis daughter of Shahabuddin and Saina caught hold of Mohd. Usman. On this Shahabuddin uttered "aaj inko khatam hee kar dete hein" and saying this he put the loop of the rope in the neck of Modh. Usman and pulled the same in order to murder Mohd. Usman. However, Bilal and Wajid managed to save Mohd. Usman. Mohd. Usman lost his conscious. On the statement of Hafiz Maqsood Ahmed FIR No. 22912008 under Sections 30713081448134 IPC was registered at P.S. Malviya Nagar.

¶4During the investigation the statements of the witnesses were recorded and a charge-sheet was filed. After the committal the Learned Additional Sessions Judge vide the impugned order discharged the Respondents.

¶5A perusal of the FIR itself shows that the Respondents herein are named in it. Further, statements of Taj Mohd., Ahmed Ali, Yaseen, Master Bilal and Master Wajid also support the prosecution case as per which Shehzabi, Bilkis and Saina caught hold of Mohd. Usman and Shahabuddin put a rope on the neck of Mohd. Usman and pulled it stating to finish him that day so that he does not trouble in future. It is thus apparent from the CRL.REVP. Nos. 608/2009 & 121/2010 statements of the witnesses and the complainant that the Respondents are liable to be charged for offences.under Section 307134 IPC. Thus, the impugned order passed by the Learned Additional Sessions Judge is modified tb this extent.

¶6Petitions stands disposed of.

¶7Trial Court Record be sent back.

¶8Learned Additional Sessions Judge will now proceed in accordance with law against the Respondents Shehzabi, Bilkis and Saina. w+e MUKTA GUPTA,J NOVEMBER 28,201,1 .'ga'

s-29&30 * IN THE HIGH COURT + CRL.REV.P. 608/2009 MOHD.USMAN Through VETSUS STATE & ORS. Through 9/o DELHI AT NEW DELHI ..... Petitioner Mr. Abdul Sattar. Adv. ..... Respondent OF ..... Respondent Mr. Manoj Ohri, APP for Stbte with SI Rakesh Sharma, PS Malviya Nagar. CRL.REV .P. TTLI2OTO STATE OF NCT OF DELHI ..... Petitioner Through Mr. Manoj Ohri, APP for State with SI Rakesh Sharma, PS MalviYa Nagar. VETSUS SAINA & ORS. Through CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA