IRSHAD Vs. STATE OF U.P.

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order dated 01.08.2009 passed by the then learned Sessions Judge, Kaushambi in S.T. Nos. 190 of 2005 and 189 of 2005 whereby the appellants have been convicted and sentenced as under : -

(2.) THE facts germane to the appeal are that on 19.06.2005 at 9.30 a. m. complainant Anwar Mahmood son of Sri Mahood Hasan, resident of village Baripur, P. S. Kokhraj, Distt. Kaushambi submitted a written report in Police Station Kokhraj stating that Irshad had taken loan in the name of Ilyas, younger brother of Mohd. Ayub and since then there was tension between both the parties. On 19.06.2005 at 9.00 a.m. Irshad from his D.B.B.L. licence gun and accused Gulshad from country made pistol fired shots on Mohd. Ayub, and when his daughter Smt. Baby @ Tabassum ran to save him, fire was also shot on her. The incident took place inside the house of Mohd Ayub in which both the injured suffered serious injuries. The complainant along with both the injured went to police station Kokhraj and submitted his written report, on the basis whereof Case Crime No. 174 of 2005 was registered against both the appellants under Sections 452, 307, 504 and 506 I.P.C. Investigation of the case was entrusted to S.I. Paras Nath Yadav. He recorded the statements of the complainant and both the injured, who were sent for medical examination. Dr. B.N. Srivastava medically examined Smt. Baby @ Tabassum on 19.06.2005 at 11.30 a.m. in Swaroop Rani Hospital, Allahabad and he found following injuries on her person:-

(3.) THE Investigating Officer reached on the spot and recorded the statement of the witnesses and seized five empty cartridges 12 bore and one empty cartridge 315 bore in presence of witnesses and prepared memo Ex. K-8 on the spot. He also took the samples of plain and blood stained earth of the floor through memo Ex. Ka-9. On 24.06.2005 both accused-appellants were arrested by the police and on their interrogation they confessed their guilt and offered to get the weapons of the crime recovered. They took the police about 200 meters away from abadi of the village in northern side and inside the dense chari crop field of the Purshottam Maurya, accused Irshad took out his DBBL gun and two cartridges 12 bore, while accused Gulshad handed over a country made pistol 315 bore and two live cartridges 315 bore at