Islam vs State of U.P. - 2026 Supreme(All) 227

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(All) 227

HIGH COURT OF JUDICATURE AT ALLAHABAD
SALIL KUMAR RAI, VINAI KUMAR DWIVEDI
Islam – Appellant
Versus
State of U.P. – Respondent

Advocates Appeared:
For the Appellant : Kameshwar Singh, Krishna Kant Shukla, Rama Shanker Mishra
For the Respondent: D.G.A.

JUDGMENT :

Salil Kumar Rai, J.

The present appeal has been filed against the judgment and order dated 17.7.1990 passed by the IV Additional Sessions Judge, Saharanpur convicting the appellant and sentencing him to life imprisonment in Session Trial No. 633 of 1988 registered under Section 302/34 IPC.

2. The prosecution case is that Islam, i.e., the appellant and co-accused Naseem were the nephews of Mehmoodan. There was some property dispute between Mehmoodan and the accused who wanted to usurp the land of Mehmoodan. The first information report states that on 2.11.1987, at 06:00 a.m. Mehmoodan was going to answer the call of nature and when she was near the ‘gher’ of Inam Ilahi, the accused along with Altaf and Yamin assaulted her with Palkati (axe). When Mehmoodan cried for help, Shareef Ahmad, the first informant, as well as Mehardin, Hanif, Jarif Ahmad, Urmi, Kallu and some other persons rushed to the spot and saw the accused dragging Mehmoodan and assaulting her with Palkati. On seeing the informant, the assailants fled from the scene. Mehmoodan died due to injuries on her neck which were caused by the axe. The first information report was lodged at 08:30 a.m. on 2.11.1987. The d