STATE OF U P Vs. ASGAR ALI

JUDGEMENT

(1.) D. K. Trivedi, J. The above-noted criminal appeal and two revisions arise out of the judgment and order dated 10-5-1993 delivered by Sri Shailendra Saxena Additional District and Sessions Judge, Lucknow, in S. T. No. 326 of 1985 (State v. Asgar Ali Khan and others) and S. T. No. 453 of 1985 (State v. Shiva Kant Sharma) thereby acquitting the accused persons namely; Asgar Ali, Mohd. Naseem and Shiva Kant Sharma for the offence punishable under Section 302/307 I. P. C.

(2.) THE facts leading to the prosecution of the appellants are that deceased Zaheer Hasan Khan s/o Sri Aziz Hasan Khan r/o Mirzaganj, Qasba Malihabad, District Lucknow, had taken a THEka (contract) for realisation of Tahbazari dues of a leather market of Qusba Mahmoodnagar. On 3-3-1985 at about 10. 00 a. m. the deceased Zaheer Hasan Khan and his own younger son Firoz Hasan, P. W. 1, reached Mahmoodnagar leather market on Scooter at about 9. 00 a. m. , and when they were present in the market, an Ambassador Car arrived there, stopped on the road side of the market and accused Ishtiaq Hasan Khan, armed with 12 bore gun accused Mohd. Naseem armed with country made pistol and one Shiva Kant Sharma also known as Pandit armed with a Revolver descended from the Car and reached near Zaheer Hasan Khan. It is further said that Ishtiaq Hasan Khan and Asgar Ali both fired at Zaheer Hasan Khan with their respective arms and from a distance of about 5-6 paces, as a result of which Zaheer Hasan Khan, sustained fire-arm injuries, fell down and died instantly.

(3.) IN support of its case, the prosecution examined as many as nine witnesses. They are Firoz Hasan P. W. 1 the son of the deceased Zaheer Hasan Khan, Vishram, P. W. 2, Sahzad Hasan Khan, P. W. 3, Dr. C. Shukla Medical Officer, P. W. 4, Constable Clerk Krishna Kumar Tiwari, P. W. 5, Anurudh Kumar, Record Keeper of the Office of the Superintendent of Police, P. W. 6, Head Constable Jai Prakash Singh, P. W. 7, INvestigating Officer Sukhveer Singh, P. W. 8 and Munna Lal Bajpai, P. W. 9. The defence examined no witness.