NADEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against the judgement and order dated 6.1.2018 passed by Addl. Sessions Judge, Court no. 9, Moradabad in S.T. No. 245 of 2017 (State vs. Nadeem and others), arising out of case crime no. 595 of 2016, under Sections 323, 504 and 307 I.P.C., P.S. Hayat Nagar, district-Sambhal, whereby learned trial Judge convicted and sentenced the appellant to seven years rigorous imprisonment with fine of Rs. 10,000/- and in default of payment of fine further additional imprisonment for six months, one year rigorous imprisonment under Section 504 I.P.C.

(2.) Both the sentences shall run concurrently.

(3.) The brief facts leading to this appeal are that son the complainant Fakre Alam, was sitting in the house. On 3.12.2016 at about 9:00 a.m. Nadeem and Kasim, sons of Khalil and Khalil, son of Allah Bux, resident of Village-Hasanpur Munjabta, police station-Hayatnagar armed with lathi-danda and firearm, entered into the house of complainant and after hurling abuses they caught hold the son of the complainant and started beating him with kicks and fist with the intention to kill. When the son of the complainant tried to escape to save himself, then all the accused persons after chasing caught him and on the exhortation of Khalil, with the intention to kill Fakre Alam, Nadeem fired at him, which hit on his chest as a result of which he collapsed on the ground. He sustained injuries. Upon hearing the sound of gunshot, Abbas, son of Shabbir, Mohd. Umar, son of Jameel Ahmad and several others reached at the spot and on their alarm, accused persons ran away from the spot.