JAVED Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused-appellant Javed challenging the judgment and order dated 23.7.1983 passed by the Sessions Judge, Rampur in Session Trial No. 197 of 1982-State of U.P. Vs. Javed, whereby the accused-appellant had been convicted under Section 302 I.P.C. and was sentenced to imprisonment for life thereunder.

(2.) The facts of the prosecution case, as narrated by Munney Khan (first informant and PW-1), son of Ikram Khan, resident of Mohalla Mom Ka Tazia, Police Station Kotwali, District Rampur, in his written report Ext. Ka-1, disclosed during investigation and also during evidence recorded in the trial court, are that the marriage of his sister Shama Parveen was settled with the accused-appellant Javed four months ago but the marriage could not be solemnized due to some differences between two sides regarding payment of some items including money. Thus, the first informant refused to marry his daughter Shama Parveed with the appellant Javed. Thereafter the marriage of Shama Parveen was performed with the deceased Mohd. Qasim, son of Dulah Khan, resident of Mohalla Sarai Tareen, Police Station Sambhal, District Moradabad on 15.8.1982. The marriage of Shama Parveen with the deceased Mohd. Qasim infuriated the appellant Javed, giving rise to enmity with the first informant as well as Mohd. Qasim. Prior to the murder of Mohd. Qasim, husband of aforesaid lady Shama Parveen, the appellant Javed visited the house of first informant several times and threatened that he would not let alive the deceased Mohd. Qasim. The appellant also visited to the locality of the first informant. 3-4 days prior to the murder of Mohd. Qasim in the present incident, Mohd. Qasim had come in his Sasural at the house of the first informant. On 13.10.1982 at about 7.15 A.M., the appellant armed with Tamancha came inside the house of the first informant through the open door and after entering into the room, where the deceased Mohd. Qasim was lying, placed Tamancha at the mouth/face of the deceased and fired, resulting into instantaneous death of Mohd. Qasim at the spot. After committing murder of the deceased, the appellant immediately ran away and since the appellant was holding a Tamancha in his hand, due to fear, he could not be caught or nabbed. At the time of said murder, the first informant Munney Khan PW-1, Riaz Ahmad (stepfather of the first informant), Smt. Shama Parveen (PW-7), wife of the deceased and Saeeda Begum were present and they witnessed this incident of murder. When the appellant after committing the murder of Mohd. Qasim was coming out from the house of the first informant, the appellant was seen by his neighbour Zahid Khan PW-8 and others.

(3.) Thus, the incident of murder took place on 13.10.1982 at 7.15 A.M. and the F.I.R. thereof was registered same day on 13.10.1982 at 7.45 A.M., within half an hour by Munney Khan (PW-1), brother-in-law/Sala of the deceased, after covering a distance of three furlongs, naming the appellant Javed as murderer, as Crime No. 361 of 1982, under Section 302 I.P.C. at Police Station Kotwali Rampur, District Rampur. H.C. Suraj Singh PW-6 registered the F.I.R. on the basis of written report Ext. Ka-1 and prepared chik report Ext. Ka-3 and made reference thereof in Roznamcha Aam/G.D., Ext. Ka-4. Special report of the incident was dispatched from the police station on 14.10.1982.