MOHD NURULLA Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused/ appellant - Mohd. Nurulla against the judgement and order dated 6.6.2008 passed by the Additional District & Sessions Judge, Court No. 11, Varanasi in Session Trial No. 191/2006 (State vs. Mohd. Nurulla and others) convicting and sentencing the appellant for the offences punishable under Section 302 I.P.C. for life imprisonment alongwith a fine of Rs. 10,000/-, and in default of payment of fine, six months' additional imprisonment.

(2.) The trial court has also decided Session Trial No. 192 of 2006 (State vs. Manish Pandey) in crime no. 176 / 2005 under Section 3/25 Arms Act and Session Trial No. 193 of 2006 (State vs. Manoj Kumar Singh Chauhan) in crime no. 182/ 2005 under Section 3/25 Arms Act. As the accused of these cases have been acquitted, the present appeal has been preferred by the appellant - Mohd. Nurulla only against the impugned judgement and order, as mentioned above.

(3.) The facts of the case are that one Abdullah (cousin brother of deceased Sharif Ahmad) moved a written report (Exbt. Ka-1) at the Police Station Chetganj, Varanasi on 6.7.2005 mentioning therein that a registered agreement to sale dated 31.5.2004 was entered into between the appellant (Mohd. Nurulla) and the deceased (Sharif Ahmad) regarding the plot no. 99/2, House No. J 15/65 D-3 , Mohalla Alaipura, Police Station Jaitpura measuring about two and half biswa and at the time of execution of agreement to sale, Rupees Four Lakhs had been paid by the deceased. The deceased was also in possession over the plot in question and was doing building material business. With ill intention, Mohd. Nurulla was threatening to the deceased to return the disputed plot. The accused/ appellant was not willing to execute the sale deed in favour of the deceased, therefore, the deceased had filed a Civil Suit on 30.5.2005 before the Civil Court, Varanasi against the accused / appellant. The informant, Mufis Ahmad and Javed Ahmad all had gone to the chamber of Advocate Divya Prakash Srivastava at his residence at C-10/39, Ziyapura, Chetganj, Varanasi in connection with said Civil Suit. After discussing the matter with the Advocate, as soon as all of them came out of the chamber of the Advocate, accused/ appellant opened two fires on Sharif Ahmad at about 10.15 p.m. with intention to kill him, resultantly, Sharif Ahmad received injuries and he fell down and when they moved ahead alarming, accused/ appellant ran away waivering the fire arm in the lane of Ziyapur Masjid. They have recognized the accused/appellant in Electric light. The deceased was immediately taken on tempo to Singh Nursing Home, Maldahiya where the Doctor referred him to B.H.U.. At B.H.U. Hospital, the doctor attending the deceased declared him dead. Keeping the dead body in mortuary, the informant had gone to lodge the First Information Report (in short 'FIR')