ALIM ULLAH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant is one Alim Ullah who is aggrieved by judgment and order dated 30-3-1981 passed in Sessions Trial No. 2 of 1981 by Sri U. S. Tripathi, the then IX Additional Sessions Judge, Kanpur, convicting him under Sections 302, I.P.C. and 25 of the Indian Arms Act. He has been awarded life imprisonment for the former offence and one year's rigorous imprisonment for the latter. Both the sentences have been ordered to run concurrently.

(2.) The incident took place on 2-10-1980 at about 11 a.m. in Mohalla Ajitganj near the house of Usman Khan, P. S. Babupurwa, Kanpur and the report was lodged the same day at 11.50 p.m. by Constable Islam Mohammed. He was posted at Outpost New Labour Colony of P. S. Babupurwa at the relevant time. On the fateful day and time, he was on process serving and patrol duty. At about 11 a.m., when he reached north of the house of Usman Khan in Ajitganj Colony, he observed that the appellant had caught hold of a person (Gulam Rasool deceased) by his collar and was threatening that he could not escape. He was having a country made pistol in his hand at that time. After threatening him as aforesaid, he opened shot on the chest of the deceased. As a result, he fell down and died instantaneously. Constable Islam Mohammad P.W. 1 chased the accused appellant, raising alarm. Rehmat Ali P.W. 3 and Abdul Jabbar P.W. 4 helped him and the accused appellant was apprehended in front of the house of Smt. Rohni P.W. 5. At the time of his arrest, he was having a countrymade pistol with a fired cartridge in its barrel. Constable Islam Mohammad P.W. 1 required Smt. Rohni P.W. 5 to keep a watch on the dead body and took the accused appellant to the police station along with Rehmat Ali P.W. 3 and Abdul Jabbar P.W. 4. On reaching the police station, he prepared an F.I.R. which he lodged there. The countrymade pistol and fired cartridge in the barrel were taken into possession and sealed with the preparation of recovery memo. SSI S. K. Gupta P.W. 6 started investigation after the case was registered. On reaching the spot, he found the father and wife of the deceased to be present who identified the dead body as that of Gulam Rasool. After necessary formalities, the dead body was sent for postmortem which was conducted on 3-10-1980 at 12.05 p.m. by Dr. S. D. Mishra P.W. 9. The deceased was aged about 35 years and about one day had passed since he died. In upper extremity rigor mortis was present meekly. It was also present in lower extremety. Postmortem staining was present all over the body. The scrotum and penis were bloated due to decomposition. Skin was peeled off at places. The following ante-mortem injuries were found on his person:

(3.) The death had occurred due to shock and haemorrhage as a result of injury sustained.