IDRISH Vs. STATE OF U. P.

JUDGEMENT

(1.) The prosecution case as per the First Information Report lodged by Shabbir @ Shabbu, P. W. -1 is that his brother Hanifa aged about 26 years was working at the place of Majeed. Hanifa after work had gone to a pond to wash his hands. P. W. -1 went to call Hanifa at the pond as the latter's daughter was unwell wherein at about 5:00 p. m, Idrish armed with a 0. 315 bore country-made pistol and Gulab armed with a lathi came from the side of Idgaah, Gulab exhorted that enemy has come he be eliminated on which Idrish fired from his country-made pistol upon Hanifa which hit him on his left chest and he fell down. Thereupon on the exhortation of Saddu, Iddu and Lallu accused ran towards their village. The motive as alleged was that around 5 months ago Hanifa and Idrish had a fight with each other in which Hanifa was arraigned as an accused and was on bail at the time of the present incident. It was alleged that due to said motive Hanifa was murdered by the accused persons. It was further alleged that for fear of accused, F. I. R could not be lodged earlier but when villagers came, an FIR (Exb: Ka-2) was lodged, on the basis of a written report (Exb:- Ka-1) scribed by one Shabbir Khan s/o Ahmed Khan on the dictates of Shabbir @ Shabbu Khan (P. W. -1), on 22. 11. 1989 at about 22:30 hrs at Police Station- Mathaundh, District Banda as Case Crime No. 78 of 1989 under Section 302 IPC against Idrish and Gulab. The distance between the place of occurrence and the Police Station is 11 Kms.

(2.) In the said incident Hanifa son of Hussain Khan @ Hussi Musalaman, brother of the first informant died. His autopsy was conducted by Dr. Pramod Purwar, P. W. -5 on 23. 11. 1989 at 4:25 p. m. (Exb:- Ka-4) and the doctor noted the following injuries:-

(3.) The investigation concluded and a charge-sheet dated 16. 12. 1989 (Exb:- Ka-13) was submitted against both the accused persons under Section 302 IPC. The trial court on 04. 03. 1991 framed charge against Idrish under Section 302 IPC and against Gulab under Section 302 / 34 IPC. The appellants pleaded not guilty and claimed to be tried.