AQEEL AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) The sole appellant has been convicted and sentenced to undergo imprisonment for life under Sec. 302 of I.P.C. by VIII Additional Session Judge, Bareilly. Aggrieved by this order the present appeal has been filed.

(2.) Mustaq Ahmad Khan, P.W. 1, had lodged the report at 4.00 a.m. on 11.7.83 P.S. Siroli, District Bareilly. He had alleged in this report that his sister Smt. Shah Jahan Begum who was married in village Akhtara, P.S. Bisauli district Budau had migrated to the village Kalyanpur where he (Mustaq Ahmad) resides. The appellant is the son of Shah Jahan Begum. He is a man of bad character and vagabond. Consequently he was not allowed by the people of Akhtara to remain in the village. Hence he had to leave the said village. Since a year before the occurrence Shahjahan Begum was negotiating the marriage of her son Aqeel Ahmad with Nikhat Parveen, daughter of the reporter. Since the appellant was a bad character the reporter had not agreed to the marriage. Consequently he had settled the marriage of his daughter with another person. The appellant had threatened that if marriage was not performed with him the consequences for the reporter will be very bad. Marriage of Nikhet. Parveen was to be performed on 15.7.83. Since the reporter had refused the marriage Aqeel Ahmad appellant and his family had left the village about 4 days before the occurrence. It is urged that in the night between 10/11.7.88 Mustaq Ahmad, his wife Sugar Begum and daughter Nikhat Parveen were sleeping in the courtyard of his house on the separate cots. A lantern was burning at the place of occurrence. At about 1.00 in the night Aqeel Ahmad came with double barrel gun from the open side towards south. At that time Smt. Sugra Begum wake when she inquired. the appellant as to why he was there he fired twice towards Nikhat Parveen. On hearing the sound of fire his son Tasleem, Ahmad Khanb son-in-law Asrat Khan and a neighbour Raza Khan arrived at the spot and saw the appellant running away from the place of occurrence with his gun. A little after receiving the gun shot injuries Nikhat Parveen died. Mustaq Ahmad Khan went to the police station next morning and dictated the first information report Ext. Ka 1. Thereafter a case was registered at the Police Station.

(3.) After the case was registered Bheekham Singh, Sub-Inspector, P.W. 4 went to the spot and prepared the inquest report of Nikhat Parveen. He sent the dead body through a constable in a sealed cloth to the mortury for post mortem. The autopsy of the dead body was conducted by Dr. P.K. Gupta, P.W. 7 at 11.00 a.m. on 12.7.83. He had found that the deceased was about 19 years old. She had died about 11/2 day back. He had found the following ante-mortem injuries: