HAMEED Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present criminal appeal is directed against the judgment and order dated 31.5.1982 passed by III Additional Sessions Judge, Unnao convicting the appellant alongwith Badmddin under Section 307/34 I.P.C. and sentencing each of them to 2h/2 years (30 months) rigorous imprisonment.

(2.) The prosecution case in brief is that the appellant Hameed alongwith Badruddin and Jamil were sitting at the door of Rafiq. It is stated that as soon as Jamil Ahmad reached there, appellant Hameed exhorted that he should be killed and on his exhortion Badruddin fired his country made pistol on Jamil Ahmad. Jamil Ahmad tried to run away but another fire was fired by Jamil Sb. Munnan which hit Jamil and thereafter all the three accused persons ran away.

(3.) A written report Ext. Ka. 1 was lodged on the same day on 20.4.1979 at P.S. Achalganj, district Unnao. P.W. 6 Sri Ram Sumer, S.I. was present at the time of the alleged report, therefore, investigation was handed over to him. He immediately recorded statement of Jamil injured and sent him for medical examinatiOn. The investigating officer thereafter went to the place of incident and prepared site-plan and recorded statements of other witnesses. The Investigating Officer after completing investigation submitted chargesheet against the accused persons.