LAEEQUE Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Gaurav Sharma, learned counsel for the appellant and learned A.G.A. for the State.

(2.) This is an appeal against the judgment and order dated 30.06.2004 passed in S.T. No.373 of 2003 (State vs. Laeeque @ Dharmanga and others) arising out of Case Crime No.140 of 2003, under Sections 302, 504 I.P.C. and S.T. No. 374 of 2003 arising out of Case Crime No.268 of 2003, under Section 4/25 of the Arms Act registered at P.S. Puranpur, District Pilibhit whereby the Additional Sessions Judge, Court No.1, Pilibhit has convicted the accused appellant Laeeque @ Dharmanga under Sections 302, 504 I.P.C. and Section 4/25 of the Arms Act and sentenced to undergo life imprisonment under Section 302 I.P.C., one year rigorous imprisonment under Section 504 I.P.C. and one year rigorous imprisonment under Section 4/25 of the Arms Act and acquitted Jalaluddin and Mashroof under Section 302 I.P.C read with Section 34 and 504 I.P.C.

(3.) Prosecution case, in brief, is that on 28.03.2003 at about 7:00 P.M. Akram son of the informant Shamshuddin had gone to Babboo Pradhan to take money. On the slab, in front of the house of Babboo Pradhan, Raffique, Aslam his son and several persons of the Mohalla were sitting. At that time, Laeeque @ Dharmanga, Jalaluddin and Mashroof came there. Laeeque @ Dharmanga abusing his son Akram by saying that he had pushed him at the time of filling water, all of a sudden he took out a knife and stabbed him on his chest. On the shrieks of his son, the persons sitting on the slab rushed there immediately and all the three accused persons fled away. Hearing shriek, informant also reached the spot and he took his son to the hospital in an injured condition where he succumbed to his injuries. The incident has been witnessed by the persons present on the spot.