ISHTIYAQ KHAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Shishir Pradhan, learned counsel for the appellant and learned A.G.A. for the State as well as perused the record.

(2.) This appeal has been filed against the judgment and order dtd. 10/3/2004 passed by the Fast Track Court No. 1/ Additional Sessions Judge, District- Raebareli in Sessions Trial No. 253/1996 in case crime no. 11/1993 (State of U.P. Vs. Ishtiyaq Khan and othes), Police Station- Mohanganj, District- Raebareli whereby the appellant is convicted under Sec. 307 I.P.C. to undergo five years rigorous imprisonment and fine of Rs.1000.00 and further the appellant is convicted for one year rigorous imprisonment under Sec. 452 I.P.C. and fine of Rs. 500.00 In case of default in payment of fine the appellant shall suffer two months additional imprisonment. All the sentence shall run concurrently.

(3.) Brief facts of the case emerges from the written report Exbt- Ka-1 is that the complainant- Jumni Khatoon and her husband Mohd. Hanif were residing in half portion of the house of Mohd. Hanif. At the time of incident, Smt. Armani, who is step wife of Mohd. Hanif, was also residing along with her son and daughter in the half portion of the house. Step wife- Smt. Armani and her son had enmity with the complainant and her husband- Mohd. Hanif. On 22/1/1993 at about 12:00 night when the complainant- Jumni Khatoon was sleeping along with her husband Mohd. Hanif, then, suddenly accused persons- Smt. Armani, son-in-law of Smt. Armani Ishtiyaq resident of Bibiyapur and one unknown person entered into the house of the complainant. After entering into the house of the complainant, Smt. Armani and unknown person caught hold Mohd. Hanif and appellant- Ishtiyaq opened fire upon Mohd. Hanif by the country-made pistol with intention to his murder. Mohd. Hanif got fire arm injury on mouth and chest. On hue and cry of the complainant the villagers rushed to the spot then all the accused persons fled away from the spot. The appellant and Smt. Armani were identified in the flesh light of the torch. With the help of the villagers, the complainant came to Raebareli for treatment of her husband but her husband Mohd. Hanif was referred to the Lucknow on 23/1/1993.