STATE OF U P Vs. SATTAR KHAN

JUDGEMENT

(1.) -State of U. P. has preferred this appeal against the judgment and order dated 28.9.1981, passed by the then IInd Additional Sessions Judge, Budaun, in Sessions Trial No. 19 of 1980. The accused-respondents, Sattar Khan, Menhdi Khan, Nasrullah Khan and Sarmast Khan were tried under Sections 302 and 302 read with 34, I.P.C. and were acquitted by the impugned order.

(2.) WE have heard Sri S. K. Paul, learned A.G.A. for the State and Sri P. N. Misra, learned senior advocate, appearing for the accused-respondents.

(3.) ON the date of occurrence, informant, Rashid Khan, P.W. 2, along with Sabbir Khan, P.W. 3, and Noor Navi Khan, P.W. 4, all residents of village Rithia, went to Budaun city for listening the speech of the then Prime Minister, Sri Charan Singh. After listening the speech, they went to market and thereafter at about 5.30 p.m., they went to the phatak of Chuna Khan, where the deceased was residing. The deceased was not present, therefore, they sat down out-side the phatak and waited on a cot. At about quarter past six, deceased carrying a cycle in his hand came in northern lane. At that very time from the southern side lane, which adjoined a mosque, respondent, Sattar Khan armed with gun and other three respondents armed with lathis emerged. At that place, an electric bulb which was in front of the house of Sakhawat Husain and also on the pole was emitting light. The respondents called the deceased and no sooner he turned behind than respondent, Sattar Khan fired from his single barrel gun at the deceased due to which he fell down. His cycle also fell down. The informant, Rashid Khan, Sabbir Khan and Noor Navi Khan challenged the accused-respondents but they were threatened by them. Thereafter they made good their escape through the lane adjoining the mosque. A written report was got prepared by the informant through scribe, Maseen Khan. The informant went to the police station Kotwali and lodged the report at 6.45 p.m. where chik F.I.R. of the case was prepared. Noor Navi Khan and Sabbir Khan remained at the place of occurrence near the deceased. The investigation in the case took place and charge-sheet was submitted against the respondents.