HAKIMUDDIN ALIAS HAKIM Vs. STATE

JUDGEMENT

(1.) Present Appeal has been preferred by the Appellant from Jail assailing the judgment and order dated 9.10.2006 rendered in ST No 46 of 2002 whereby the Appellant has been convicted for offences under Section 302 IPC and sentenced to suffer imprisonment for life attended with sentence of fine of Rs 2000/-with default stipulation to suffer imprisonment for one year. The Appellant was also convicted under Section 386 IPC and sentenced to suffer seven years RI studded with a fine of Rs 500/-followed by default stipulation of undergoing one year imprisonment. The Appellant was further convicted for offences under Section 25(1) (1-A) of the Arms Act and sentenced to suffer imprisonment for five years and a fine of Rs 1500/-with default stipulation of one year RI. All the sentences were directed to run concurrently.

(2.) The FIR was lodged in this case by the person called Noor Mohd alias Gabbar at police station Delhi Gate Meerut on 27.10.2001 at 4.20 pm. He claimed to be employee of the deceased. As a sequel to the written report submitted at the police station by the complainant, the case was registered at case crime No 504 of 2001 under Section 386/302/307 Arms Act followed by registration of case at case crime no 505 of 2001 under Section 25 Arms Act on 27.10,2001 at 4 pm. The report, it would appear from the record, was scribed by one Sandeep Mohan Goyal.

(3.) Shorn of unnecessary details, the facts of the case are that on 27.10.2001 at 2.45 pm, when the complainant was present at the shop of which proprietor was Surendra Bhatia (deceased), the Appellant who was a notorious criminal of the area, came brandishing country made pistol and demanded protection money from the deceased. The deceased Surendra Mohan refused to comply with the demand upon which the Appellant pointed pistol on the face near nose and fired the shot. Receiving shot, the deceased slumped down on the ground. It is further alleged that the people of the nearby area started running helter skelter. Thereafter, the Appellant walked away from the scene of occurrence flourishing pistol. In the meantime, two police constables happened to be nearby who upon hearing the shot rushed to the scene and chased the assaillant. The assaillant in his bid to escape, took about turn towards the shop where he was encircled and was arrested on the spot. After the occurrence, the deceased who was then breathing, was rushed to hospital on a rickshaw but he succumbed to injuries in the P.L. Sharma hospital.