RAFIQ AHMAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a criminal appeal against the judgment and order dated 5-10-1978 passed by the VI Additional Sessions Judge, Kanpur, convicting and sentencing the appellant, Rafiq Ahmad, to undergo imprisonment for life under Section 302, I.P.C. in S.T. No. 164/ M of 1977.

(2.) The charge against the appellant is that he, on 21-3-1977 at about 11-00 P.M. in front of the Bhaton-Ki-Bagia, Latourcha Road, Police Station Anwarganj, Kanpur, voluntarily fired at the deceased Iqbal alias Mullu with a revolver, as a result of which he died and thereby the appellant committed the murder of Iqbal alias Mullu with a revolver, as a result of which he died and thereby the appellant committed the murder of Iqbal alias Mullu.

(3.) The brief facts of the case are that the deceased Iqbal alias Mullu was running a betel shop on a Thela by the side of Latouche Road, at a place between Latoucha Road and the shop of the father of the accused. The case of the prosecution is that on 21-3-1977, at about 11-00 P.M., when Mullu was closing his shop, the accused came from the north and after showing the revolver to Mullu fired at him. Mullu sustained injuries and fell down. The accused is said to have run away in the Gali of Bhatoon-Ki-Bagia, which is just near the place of occurrence on northern side. The occurrence was seen by the witnesses, viz. Shafiq (P.W. 2), Shaukat Ali (P.W. 4), Sakir Husain (P.W. 3), and Ram Subhag, who were standing in front of the shop after taking betels. One Banney Khan was at the shop of Jamil Rickshaw-Wala, which is in front of the shop of Mullu, across the road, at a distance of about 18 paces. On hearing the firing Banney Khan (P.W. 5) also reached the spot. He found Mullu lying injured on the ground, who was saying that he was fired at by the accused, Rafiq. Mullu was at once removed to the U.H.M. Hospital in a Rickshaw.