SHAKIR Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been preferred by Shakir1 who has been convicted by Sessions Judge, Mirzapur in Sessions Trial No. 85 of 1978 under sections 302/301 Indian Penal Code and has been awarded imprisonment for life. As per the case of the prosecution disclosed in the First Information Report lodged by one Mishri Lal is that on 21-2-1978 he was sitting at his parchoon shop in village Bijaipur. At about 8 p.m. Shakir appellant went to his shop and asked for a bidi and match box. At that time Babboo Mali, Munni Lal and Panna Lal of his village as also his wife Patti Devi, daughters Km. Ranno and Km. Mallo along with his brother Nanku were present on their shop. Shortly thereafter Asgar went to his shop and wanted to purchase gram for his horse. Shakir accused asked Asgar to lend him Rs. 2/-. Asgar told Shakir that he had no money to give him. There was some altercation whereafter Shakir appellant took out a country made pistol from his right pocket and fired at Asgar with a view to kill him The shot fired by him hit his daughter Ranno aged about 9 years who fell down. He rushed and caught hold of Shakir, but Shakir gave him a push and fled away. Shortly thereafter Km. Ranno died on account of the gun shot injuries. All the persons present on the shop had seen the incident in the light of electric bulb in the shop. THIS report was written by Sheo Pujan Shukla on the dictation of Mishri Lal and lodged at the police station Vindhyachal at a distance of about 12 miles on the same day at 10 p.m,

(2.) THE report was entered in the general diary by Head Constable Kamla Yadav PW 5 in the presence of Investigating Officer Phool Chandra Rai PW 6. THE Investigating Officer immediately proceeded to the place of incident where he reached at about 11 p.m. He prepared an inquest on the body of Km. Ranno and sent the same for post mortem examination through constables Ram Manohar Tewari and Dhananjay which was conducted on 22-2-1978 at 1 P.M. by Dr. G. D. Barnwal who found the following ante mortem injuries on the person of the deceased :

(3.) PW 1 Mishri Lal in his deposition categorically gave out the prosecution case and stated that the shop occupied by him is in the outer portion of his residence in which he resides. On the day of the incident at about 8 p.m. Shakir had come to his shop for purchasing bidi. Shortly thereafter Asgar alias Karia who drives an ekka also came to purchase gram. Shakir asked Asgar to lend him some money. Asgar said that he had no money and he was purchasing gram of the entire money which he had possessed. Thereafter there was an altercation amongst the two. Asgar threw away Rs. 2/- in the shop. His daughter Ranno was lifting the money when Shakir. fired from his weapon. He rushed to catch hold of Shakir but he fled away. His daughter died thereafter in a shortwhile. The incident, apart from him, was witnessed by Babboo, Mallu, Munni Lal and Nanku. When the incident took place an electric light was burning in his shop. The blood had fallen down at the place where her daughter had been shot. In the cross examination the witness said that he or his family had absolutely no enmity with Shakir. He also said apart from other facts that after the shot had been fired Nanku, Babboo, Munni Lal and Panna had once fled away but had returned after about 10 or 15 minutes. There is nothing material elicited in the cross examination of this witness which could discredit his testimony.