NISAR AHMAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) - This appeal from Jail has been filed by appellant Nisar Ahmad against a judgment and order dated 24.9.1983 of the II Additional Sessions Judge, Bareilly, convicting the appellant for the offence of murder under section 302.I.P.C. and sentencing him to imprisonment for life.

(2.) The deceased in this case, Haneef, was a resident of Village Sehsa within the jurisdiction of police station Fatehganj, district Bareilly. Sometime before the incident to which this case relates, Riyasat Hussain, the brother-in-law of Haneef, was murdered in village Firozpur. Mohammed Mian, Zamer Mian and a few others were prosecuted for the said murder of Riyasat Hussain in which deceased Haneef was a prosecution witness. The present appellant Nisar Ahmad had asked deceased Haneef not to appear as a witness for the prosecution in the said murder trial but the deceased did not accede to his request. Nisar Ahmed, who is a resident of village Firozpur, used to visit the house of Ghaseet Ahmad, the cousin brother of deceased, occasionally, being a cousin of Ghaseet Ahmad from maternal side. On one or two occasions he had also visited the house of deceased Haneef. Two days before the murder to which this prosecution relates, Nisar Ahmed had threatened Haneef saying that the murder case against Mohammed Mian and others has ended in conviction and he would settle score with Haneef. A day before the incident of murder Nisar Ahmad also misbehaved with Nisad Begum, the wife of Haneef, for which the next evening he has beaten by Ghaseet Ahmad and rebuked by Haneef, who also asked him not to visit his house any more. The neighbours, however, intervened in the matter.

(3.) In the night of 20 121.4.1992 the deceased Haneef and is wife Nisad Begum were sleeping on two cots side by side in the Sahan of their house where a Dibbi was kept lighted. At about midnight Nisad Begum woke up on hearing the sound of foot-steps and saw Zameer Mian with a lathi and Nisar Ahmed with a pistol standing near the cot of Haneef. Seeing this, she raised an alarm which brought Kalloo, Ghaseet and wife of Kalloo to the Spot At this stage Zameer exhorted Nisar Ahmad to shoot, and the latter fired a shot with his pistol at Haneef, who died on the spot. The two assailants immediately ran away. The sound of pistol shot attracted Chhotey and Nabi Ahmad also towards the scene of occurrence. All these persons chased the assailants and apprehended accused Nisar Ahmad and brought him to the spot of occurrence. Nisar Ahmad disclosed that he had committed murder at the instance of Zameer Mian.