ISHTIAQ HASAN KHAN Vs. STATE

JUDGEMENT

(1.) D. K. Trivedi, J. This appeal has been filed against the judgment and order dated 29-2-1996 passed by Sri V. N. Pandey, Additional District and Sessions Judge, Lucknow, thereby convicting the appellant for the offence punishable under Section 302 I. P. C. read with Section 34 I. P. C. and sentencing him to undergo imprisonment for life and further convicting the appellant under Section 307 I. P. C. read with Section 34 I. P. C. and sentencing them to undergo rigorous imprisonment for a period of five years.

(2.) THE facts leading to the prosecution of the appellant are that deceased Zaheer Hasan Khan, had obtained a contract for realisation of Tahbazari dues of leather market of Mahmoodnagar, Malihabad and accordingly he started realising those dues. It is further said that on11-2-1985 the deceased Zaheer Hasan Khan, had gone to Zila Parishad, Lucknow to submit his tenders for obtaining THEka of 'hides and Bones' of Malihabad Block and he submitted tender in the name of his son Firoz Hasan Khan, Ishtiaq Hasan Khan, also wanted to have this contract in his favour and he also submitted his own tender in the name of one Faiyyaz. THE tender of Firoz Hasan Khan being of highest amount was accepted by the authorities and on account of it, the appellant Ishtiaq Hasan Khan felt annoyed and hurled abuses at Firoz Hasan Khan, P. W. 1 and his father Zaheer Hasan Khan, deceased. It is further said that the appellant had also threatened deceased Zaheer Hasan Khan and his son Firoz Hasan Khan with dire consequences. THEre was also some altercation between the parties on account of that fact and on the intervention of police and arrests of both the sides, the matter was subsided. It was on account of that enmity and ill-will that the appellant Ishtiaq Hasan Khan alongwith his associates wanted to commit murder of Zaheer Hasan Khan and his son Firoz Hasan Khan. It is further said that on 3-3-1985 at about 10. 00 a. m. the deceased Zaheer Hasan Khan and his younger son Firoz Hasan Khan reached Mahmood Nagar Leather Market on Scooter and at about 10. 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, his associate Asgar Ali armed with 12 bore gun, accused Mohd. Naseem armed with country made pistol and one Shivakant 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.) THE defence examined no witness and instead filed certain documents. THE learned lower Court scrutinised the entire evidence on record and considering the entire circumstances of the case, believed the prosecution theory, convicted the appellant and sentenced him as above. Feeling aggrieved against the said judgment and order the present appeal has been filed.