ALI MOHD Vs. STATE OF U.P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 24.10.2011 passed by Additional Sessions Judge (E.C.P.) Court No.26, District Shahjahanpur in Session Trial No.305 of 2007, under Sections 302, 449 I.P.C. and Section 27 Arms Act by which the appellant has been convicted and has been awarded death sentence along with fine for the offence punishable under Section 302 I.P.C.

(2.) As per prosecution case, on 8.1.2007, when the father of the complainant Mohd. Noor, real uncle Mohd. Asfaq, younger brother Mohd. Naim and maternal uncle Sajeed Ali and Mubarak Ali were engaged in talks upon an open plot then at about 03:30 in the evening, family uncle Ali Mohd. (the appellant) came with his licensee revolver and due to quarrel in between the children, fired on Noor Mohd on his skull. The uncle of the complainant namely Mohd. Asfaq tried to run away from the spot upon whom also the fire was opened and both of them fell down on the earth. After it the appellant tried to kill the complainant and his brother who tried to run away towards their home and then by entering into the home the appellant shot down his mother namely Zubeda. After the incident, the accused terrorised the area and had climbed over the water tank. The complainant while taking his mother and father to the hospital, his mother expired on the way. The father was admitted to District Hospital and uncle was admitted to the hospital of Dr. Waseem. The F.I.R. was lodged on the same day at 17:30 O'clock upon which a case at Crime No.17 of 2007, under Sections 302, 452, 307 I.P.C., Section 27 of Arms Act and Section 7 of Criminal Law Amendment Act was registered at Police Station Kotwali, District Shahjahanpur.

(3.) After investigation, the charge-sheet was filed for the offences punishable under Sections 452, 302, 307, 327 I.P.C. and Section 27 Arms Act. After committal proceedings, the charges for the offences punishable under Sections 302, 307, 449, 326, 304 I.P.C. and Section 27 Arms Act were framed and upon death of Mohd. Asfaq, the charge was altered to Section 302 I.P.C. The appellant had denied all the charges and claimed trial.