MANOJ Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Amit Mishra learned counsel for the appellant and Sri Roopak Chaubey learned AGA for the State respondent.

(2.) This appeal is directed against the judgment and order dtd. 7/5/2005 passed by the Additional Sessions Judge, Court no.10, Meerut in Sessions Trial no.745 of 1993 arising out of Case Crime no.118 of 1993 under Sec. 302 IPC Police Station-Khekra, Meerut, (current District Baghpat), whereby the appellant Manoj has been convicted for the offence under sec. 302 IPC and sentenced for imprisonment for life with fine of Rs.10,000.00. The default punishment is one year simple imprisonment.

(3.) The prosecution story starts with the first information report lodged on 9/6/1993 at about 13.00 hours based on a written report given by Babu Khan (P.W-4) father of deceased Gayur. The date and time of the incident as indicated in the Check FIR is 9/6/1993 at about 12.00 noon. The Case Crime no.118 of 1993 was registered under Sec. 302 IPC, the report of which was lodged on the information given by P.W-4, the first informant. As per the written report, deceased Gayur s/o Babu khan was aged about 22 years on the date of the incident and was running a shop of Purchun and Cycle repair in his house. On 9/6/1993, while the deceased was in his shop and the first informant, his younger son Kayum, Yaseen s/o Jamalu, Khurshid s/o Nizamuddin and Shamsher s/o Rahmatulla, the residents of the village were also sitting there, accused appellant Manoj s/o Ved Singh Jat came to the shop at about 12.00 noon. Manoj asked deceased Gayur to come with him for some work to which Gayur refused and said that he could not go with him as he was sitting on the shop. Hearing this, the appellant Manoj got angry and wielded his country made pistol and shouted that in case Gayur did not go to the work, he would be killed and would not be spared that day. Hearing that, his son Gayur ran for his life while shouting, in the lane. The appellant Manoj chased Gayur, the first informant and other witnesses ran behind them and at that time in front of the house of Harswaroop Jat, Manoj fired at the back of deceased Gayur. Getting hit, the deceased fell down and died on the spot. The first informant stated that he and the witnesses tried to catch hold of the accused but he ran away wielding his country made pistol.