SAFAT Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal has been preferred against the judgement and order dated 4.3.2002 passed by the Additional Sessions Judge, Court No. 8, Moradabad in Sessions Trial No. 1408 of 2000 (State of U.P. Vs. Safat and two others) whereby Safat has been convicted and sentenced under Section 302 I.P.C. for life imprisonment along with a fine of Rs.5,000/- and in default of payment of fine, he has been directed to undergo six months additional rigorous imprisonment. In so far as the other two accused persons who were tried before the trial court namely, Firasat and Liyaqat are concerned, they have been acquitted by the same judgement and order of the charges levelled against them under Sections 302/34 of Indian Penal Code, 1860.

(2.) The prosecution case as per the first information report lodged by Jamal (P.W.-1) is that his nephew Nasiruddin had an enmity with Safat as Safat wanted the shop of Nasiruddin to be closed. On the fateful night i.e. 18.9.2000 at about 10.15 P.M. Nasiruddin was standing outside his shop in mohalla Chaudhary Sarai, Sambhal near Bhatthi and was talking to the first informant and Rasid Hussain wherein Safat who was armed with country-made pistol along with Firasat and Liyaqat came and Safat said that Nasiruddin will not close his shop and as such he will be finished and further, Safat fired on the hip region of Nasiruddin with an intention to kill him as a result of which he received injury and fell down on the road. It is stated that the said incident was witnessed by the first informant Jamal P.W.-1, Mohd. Subhan, who was examined as P.W.-2 and Rasid Husain, who was examined as P.W.-3, who had come there to meet the first informant, in the light of a lantern, which was burning there and spreading ample light. It is stated that the accused persons then ran away threatening all the three persons present there. It is then stated that Nasiruddin in an injured condition was taken to the hospital from where the doctor referred him to Moradabad. The condition of Nasiruddin was stated to be precarious.

(3.) The first information report was got registered by Jamal on 18.9.2000 at 23.10 hours under Section 307 I.P.C. The same is Ex. Ka-9 of the records. An application dated 18.9.2000 was given by Jamal for lodging of the F.I.R. which is marked as Ex. Ka-1 of which Gopal Shukla is the scribe and the same has been registered as Case Crime No. 375 of 2000 at Police Station Kotwali Sambhal, District Moradabad which is having distance of about two kilometers from the place of occurrence. Nasiruddin is the deceased in the present matter and his post mortem examination was conducted on 19.9.2000 at 02.40 P.M. by Dr. Mohammad Tareek Ali (P.W.-5) which is marked as Ex. Ka-5. The doctor found the following ante mortem injuries on the body of the deceased:- (a) A gun shot wound of entry on the back of the left side of abdomen. Size of wound of entry is 3.0x3.0 cm X cavity deep. Blackening around the wound present. Wound is 8.0 cm below the scapular region. About 1.5 litre blood in the abdominal cavity and one cap plastic and 13 small metallic pellets recovered from the abdominal cavity. 15 small metallic pellets from left lung and 5 small metallic pellets from left kidney recovered. The cause of death has been opined to be shock due to haemorrhage as the result of anti mortem injuries.