MOHAMMAD NASIR Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal arises from the judgement of the Additional Sessions Judge, VI, Bareilly dated 25.3.1983 convicting and sentencing the appellant Mohd. Nasir @ Naseeruddin to imprisonment for life under section 302 I.P.C.

(2.) The case commenced on an F.I.R. lodged by the informant Khalil Ahmad, PW 1 father of the deceased Mohd. Hanif on 3.11.1979 at 7.10 a.m.,at P.S. Baheri wherein the informant alleged that at 5.15 a.m. on the same day he heard the sound of a fire inside his house, on which the informant along with Sharfuddin, Naseeruddin and women folk of the house, who were sleeping in the verandah (Dalan) out side the house noticed a man climbing up the stairs. The man was chased. He was carrying a country made pistol and could not be apprehended. The informant claimed to have clearly identified the assailant in the light of electric bulbs and stated that they could recognize him, if he appeared before the informant and witnesses. When they got down the stairs, he saw the deceased Mohammad Hanif had been fired upon on his left eye and was lying in a pool of blood and had succumbed to his injury.

(3.) There was litigation and enmity over the house of the informant with Abdul Nabi and Ali Hussain and they were being supported by Dr. Iftikhar. There was also some other dispute with Dr. Iftikhar over purchase of an Air Pump. The informant suspected that on account of this enmity, his son had been got murdered. The report of this incident scribed by Mohammad Ibrahim PW 2 was handed over at Police Station Baheri by Mohd Ibrahim in the presence of P.W. 8 S.S.I. Kshetrapal Tiwari on 3.11.1979 at 7.10 a.m. H.M. Suresh Chandra Dwivedi, P.W. 5 prepared the check report. The informant Khalil Ahmad was the author of this report.