ISHAQUE Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is against a composite judgment and order dtd. 12/6/1996 passed by Ninth Additional District and Sessions Judge, Ghaziabad in two connected Sessions Trial Nos. 147 of 1991 and 149 of 1991 whereby, the appellant - Ishaque has been convicted under Ss. 302 I.P.C. and sec. 4/25 Arms Act, respectively; and has been punished as follows: (i) under Sec. 302 I.P.C., life imprisonment with fine of Rs. 2,000/- and a default sentence of six months R.I. and (ii) under Sec. 25/4 Arms Act, two years R.I. with fine of Rs. 500/- and a default sentence of one month R.I. Both sentences to run concurrently.

(2.) (i) At 6.10 hours on 29/1/1991, Rajendra Kumar (PW-2) gave a written report (Ex. Ka-1), which was lodged as first information report (FIR) (Ex. Ka-4) at P.S. Shahibabad, District Ghaziabad, alleging therein that two days before, in the evening, at about 7.00 pm, Arun Jeev @ Bhaloo Sham (the deceased), a rickshaw puller, on his rickshaw, came with a lady, a man and a child. Claiming that the lady is his sister (Ayesha), the man is his brother-in-law (Ishaque Matwar - the appellant), Arun Jeev asked for a room from the informant (PW-2) to stay for two days on the pretext that their own abode (hutment) at Nai Seemapuri would be ready in two days. It is alleged that on that request, PW2 gave them a room to stay. It is alleged in the FIR that in the morning of 29.01.1991, at about 5 am, PW2 and his wife Ruparani (not examined) heard noise. When they came out of their room, they saw the rickshaw puller (Arun Jeev) lying dead in a pool of blood, with his throat/neck slit, and his brother-in-law (Ishaque - appellant) having a big blood-stained knife in his hand. Soon thereafter, the appellant ran away with the knife, leaving his wife Ayesha behind.

(3.) (i) Upon committal, after the charges were denied by the accused-appellant, in the trial, the prosecution examined nine witnesses, namely, PW.-1 Alam; PW-2 Rajendra Kumar (informant); PW-3 Sameeruddin; PW-4 Ibrahim; PW-5 Afsar Ali; PW-6 Dr. Jai Prakash; PW-7-Brij Pal Singh; PW-8 Govind Krishna Dwivedi; and PW-9 Sri S.S. Guha.