MOHD SIDDIQUE Vs. STATE OF U P

JUDGEMENT

(1.) K. C. Bhargava, J. This is an appeal against the judgment and order dated 8-3-1979 passed by the III Additional Sessions Judge, Lucknow con victing the appellant, Mohammad Siddique under Section 302 read with Section 34 of the Indian Penal code to imprisonment for life.

(2.) ACCORDING to the prosecution one Suresh Chandra Shukla (PW 3) who is the son of deceased lodged a first information report against two accused persons, Mohammad Siddique, the present appellant and one Abdul Majeed (acquitted by the trial court ). The allegations contained in the first information report disclosed that there was enmity between the family members of Krishna Mohan Shukla, the deceased and Abdul Majeed and Mohammad Siddique, accused persons. On 39-10-1979 at about 11. 00 a. m. Krishna Mohan Shukla, deceased, was sitting at his field, At that time paddy crop was being irrigated. Mangal Pasi, Debi Din (PW 2) and Shiva Raj (PW 1) were cutting the paddy crop on the other portion of fie field. The deceased, Krishna Mohan Shukla, was sitting on the Mend of the plot and was plucking the Urad Phalis. In the field on the Mend of which the deceased Krishna Mohan Shukla was sitting there was maize crop. The accused persons all of a sudden came out of a maize crop and on seeing the accused persons coming towards him he raised alarm and started running towards the western side. Thereupon Mohammad Siddique, appellant, fired a shot at the deceased, Krishna Mohan Shukla, which hit at his buttock on account of which the deceased fell in the plot which was being irrigated at that time. Thereafter both the accused persons came near the deceased who was lying and fired with their respective weapons at him. At that time Moham-raaa Siddique was holding a gun and co-accused Abdul Majeed was holding a Tamancha. Thereafter the accused persons ran away. la the meantime on alarm being raised the witnesses came to the spot. When the com plainant reached the place where the deceased was lying he saw him in a seriously injured condition. Thereafter he was taken to Lucknow on a cot and when they reached near Railway Station Nigohan, Krishan Mohan Shukla was found dead. It is further stated that when these persons reached near village Bhaironpur, Dinesh, Babu Lal (PW 5) and Rama Kant (PW 4) met them and told them that both the accused persons have also murdered Vinod Kumar Misra at about 12. 00 noon in the grove of Raj Narain. Thereafter the complainant went to the police station and the first information report Ext. ka 1 was lodged there.

(3.) AS indicated above the learned Sessions Judge after recording evi dence and perusing the file came to the conclusion that the murder of Krishna Mohan Shukla has been committed by the present appellant, Muhammad Siddique only. Abdul Majeed, co-accused, was acquitted of the offence with which he was charged.