ARBI ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 27.10.2005 passed by Additional Sessions Judge, Court No.12, Kanpur Nagar in ST No.411/2004, State vs. Arbi Ali, under Section 302 IPC and ST No.412/2004 State vs. Arbi Ali, under Section 30 Arms Act, both related to P.S. Naubasta, District Kanpur Nagar, whereby the accused appellant Arbi Ali was convicted under Section 302 IPC and Section 30 Arms Act and sentenced to undergo life imprisonment and six months' rigorous imprisonment respectively.

(2.) The prosecution case as appearing from the F.I.R. Ext.Ka.1, in brief, is that on 12.12.2003 at 4 p.m. complainant Basharat Ali, who is the real brother of deceased Shahrunnisha, lodged a written report to the effect that the marriage of his sister Shahrunnisha was solemnized with accused appellant Arbi Ali. She had five children. Out of them, two daughters had already been married. The accused appellant had illicit relationship with a lady of the name of Smt. Sugra, due to which usually hot altercation between the deceased and the accused appellant used to happen. The accused appellant often used to beat the deceased. On 12.12.2003 at about 2.30 p.m., the first informant/complainant went to the house of his sister Shahrunnisha (deceased). At that time, the accused appellant asked his wife (deceased) to go to her Mayka with her brother and further said to her that he did not want to keep her in his house. On this, the sister of the complainant (deceased) replied that she would not go anywhere and she would live with the appellant here in his house. Upon this response of the deceased, the accused appellant took out his licensed SBBL gun of 12 bore from his room and said to the deceased that today he would finish her. At that time, the deceased was standing in the Sahan of the first floor of the house. The accused appellant with the intention to kill the deceased opened fire on her, as a result of which she fell down and died on the spot itself. At that time, the daughters of the deceased, namely, Nikki and Dulari were present on the spot and they saw the incident and cried and rushed to save their mother. The complainant also rushed to save the deceased. The accused appellant aimed the gun at the complainant also, who in order to save himself took the cover of the room. The accused appellant ran away from the spot carrying the gun in his hand. On the basis of the above written report, case under Section 302 IPC was registered in P.S. Naubasta, Kanpur Nagar at Crime No.461/2003. Constable Head Moharrir K.B. Singh prepared the chick FIR Ext.Ka.9 on the basis of the written report Ext.Ka.1 and made entry in the G.D. in regard to the registration of the case. The copy of the G.D. entry is Ext.Ka.10.

(3.) The investigation of the case was entrusted to Sri Rishikant Shukla, Station Incharge of the aforesaid police station, who went to the spot and got the inquest report of the dead body of the deceased prepared by S.I. Sri M.P. Sharma. The inquest report is Ext.Ka.3 and other relevant papers like letter to C.M.O., sample of seal, photo Nash, Challan Lash are Ext.Ka.4, Ext.Ka.5, Ext.Ka.6 and Ext.Ka.7 respectively. The bloodstained and simple earth were also collected from the spot, the memo of which is Ext.Ka.8. After sealing the dead body, the same was sent to Mortuary for post mortem examination through Constables Ram Naresh and Naresh Prasad.