BABOOLAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) On a night during the holy month of Ramzan in 1978 an unholy act of murder took place at Bajaria Khansama (Rampur District, U. P. ). An altercation on a trivial issue had snowballed into the murder when deceased ishtiaq Khan was shot dead. The present appellant and three other persons were arrayed before the Sessions Court for facing a charge under Section 302 read with Section 34 of the Indian Penal Code. The Sessions Court acquitted all the accused. On appeal filed by the State, the Division Bench of the High court of Allahabad reversed the acquittal and convicted the present appellant under Section 302 and sentenced him to imprisonment for life. Hence, as of right, the appellant has come up to this Court in appeal.

(2.) The incident, as pictured by the prosecution, happened like this: deceased Ishtiaq Khan was sitting inside the tea shop of one Abdul Nabi. On the opposite side of the road, there was a sweetmeat shop and all the accused were sitting inside it. As the radio was being played on a high pitch, an exchange of words took place between those who were sitting in the tea shop and the accused. The appellant questioned the right of PW 1 Imtiaz Khan in directing the radio to be played down. The appellant and his brother crossed over the road and threatened PW 1 and others for raising this petty issue. A little later the deceased reached there and on coming to know of the development of the incident, he expressed his resentment at the incident reaching that range on such a petty issue.

(3.) It was then that the appellant moved forward with a pistol accompanied by the second accused Ahmad Jan and another person with daggers in their hands. It is alleged that the appellant fired with his country-made pistol on the deceased which resulted in his sustaining 97 pellet injuries on the chest portion. He fell down and it was followed by the other assailants inflicting stab injuries on the deceased. When PW 2 Akbar Shah intervened, he also was stabbed by one of the assailants.