(Adarsh Kumar Goel and Uday Umesh Lalit, JJ.)
Criminal Appeal No. 258 of 2017
Yakoob @ Popu ____________________________________ Appellant;
v.
State of Madhya Pradesh ___________________________ Respondent.
With
Criminal Appeal No. 259 of 2017
Jani @ Firdous Khan ________________________________ Appellant;
v.
State of Madhya Pradesh ___________________________ Respondent.
Criminal Appeal No. 258 of 2017 and Criminal Appeal No. 259 of 2017, decided on October 5, 2017
The Order of the court was delivered by
Order
1. For the murder of Vijay @ Pappu and Rajjan Patel on 12.02.1997, eleven persons were tried namely:
1. Afsar Ali
2. Chunnu @ Merajul Haq
3. Khajanchi @ Mohamad Farukh
4. Fuse @ Mahfuj
5. Yakub @ Popu
6. Suleiman
7. Neemu @ Naushadahak
8. Bhayu @ Nassir @ Ibrarul Hasan
9. Johnny @ Firdaush Khan
10. Ramju @ Ramjan Ali
11. Raju
2. The trial Court acquitted Ramju @ Ramjan Ali (A-10) and the High Court acquitted Chunnu @ Merajul Haq (A-2) and Fuse @ Mahfuj (A-4). Out of the remaining persons only Yakub @ Popu (A-5) and Johnny @ Firdaush Khan (A-9) are before us.
3. Special Leave Petition of Afsar Ali (A-1) i.e. SLP(Crl.) No. 6987 of 2015 was dismissed by this Court and another petition being SLP(Crl.) NO. 6988 of 2015 by a convicted accused was also dismissed.
4. We have heard learned counsel for the appellants and perused the record.
5. We find from the record that in the two F.I.Rs which were lodged immediately after occurrence, the appellants-Yakoob @ Popu (A-5 Yakub @ Popu) and Jani @ Firdous Khan (A-9 Johnny @ Firdaush Khan) were not named. Their names surfaced for the first time after ten days. Under the circumstances, they are entitled to benefit of doubt. Their conviction and sentence are set aside. If they are in custody, they may be released, if not required in any other case.
6. The appeals are, accordingly, allowed.
Criminal Appeal No(s). 258/2017
Yakoob @ Popu ____________________________________ Appellant
v.
State of Madhya Pradesh ___________________________ Respondent
WITH
Crl.A. No. 259/2017 (II-A)
Date : 05-10-2017 These appeals were called on for hearing today.
(Before Adarsh Kumar Goel and Uday Umesh Lalit, JJ.)
For Appellant(s) Mr. Rohit Singh, AOR
Mr. Sadashiv Gupta, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
ORDER
7. The appeals are allowed in terms of the signed order.
8. Pending application(s), if any, shall also stand disposed of.
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