YASIN Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dated 03.11.1981 passed by Sri M.Chaudhary, VII Additional Sessions Judge, Etah in Sessions Trial No.170 of 1980 convicting the appellant under section 307 IPC and sentencing him to undergo five years' rigorous imprisonment.

(2.) The brief facts which give rise to the present case are that appellant Yasin son of Mahfooz aged about 24 years, resident of Mohalla Nawab, P.S. Kasganj, District Etah was committed to the court of Sessions to stand his trial under section 307 I.P.C.

(3.) The charge against the appellant is brief is that at about 7.30 P.M. on the 5th day of September, 1978, he fired shot at Noor Moahammad @ Lalla causing fire arm injury with such intention and knowledge and under such circumstances that if by that act death of Noor Moahammad had been caused, he would have been guilty of murder.