(1.) Heard Sri Rajesh Kumar Singh, learned Amicus Curiae appearing on behalf of appellant, Sri Ajit Ray, learned AGA for the State of UP and perused the record.
(2.) This Criminal Appeal has been filed against the judgment and order dated 26.08.1996, passed by Ist Additional Sessions Judge, Kanpur Nagar, in Sessions Trial No. 356 of 1994, arising out of Case Crime No. 50 of 1994, under Section 302 IPC, Police Station Bajaria, District Kanpur Nagar, whereby the accused-appellant Mahey Alam has been convicted and sentenced for life imprisonment.
(3.) The prosecution story in brief is that the first information report was lodged by the informant Smt. Husnu Begum, the daughter of the deceased on 19.04.1994 at about 10:15 AM in respect of the criminal incident of same day taking place at about 09:00 AM. The father of the informant namely Rafiq @ Laddoo prevented some persons including accused from playing cards/gambling at his door, whereupon the accused-appellant Mahey Alam abused Rafiq @ Laddoo and when the deceased again objected on gambling there, the accused Mahey Alam opened fire by his pistol upon the deceased Rafiq @ Laddoo which hit him on his neck. He sustained firearm injury and fell down. The informant took the injured (deceased) Rafiq @ Laddoo to UHM Hospital with the help of some local people but on the way, he died. The witnesses who saw the incident were the informant, her brother Shabab, sister Nazneen, brother-in-law Moin and one Subhan. The informant Smt. Husnu Begum lodged an oral report at Police Station Bajaria on the same day. Offence was registered against accused and chik FIR was prepared. Inquest report of the dead body was prepared, the dead body was sealed and sent for postmortem. The postmortem was conducted on 20.04.1994. The matter was investigated by the police, blood stained and plain earth was collected from the spot, the clothes of the deceased stained with blood were also taken into possession by the police and the same were sent for chemical examination. The statement of the witnesses were recorded and charge sheet was filed under Section 302 IPC against the accused-appellant. The learned trial court has framed the charge under Section 302 IPC. The accused denied the charge and claimed trial.