NISAR AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) HEARD counsel for the appellant and learned A.G.A. appearing for the respondent and perused the record.

(2.) THIS criminal appeal is preferred challenging the validity and correctness of the judgment and order dated 5.10.2010 passed by Additional Sessions Judge -II, district Kaushambi, in Session Trial No. 11 of 2006, State Vs. Nisar Ahmad and others, Police Station Pipri, whereby the appellant has been convicted and sentenced to imprisonment for life under section 302 IPC.

(3.) BRIEFLY stated the prosecution case was that complainant Siddiq Ahmad alias Nanhey lodged a written report on 19.9.2005 at 10.45 A.M., police station Pipri, district Kaushambi, with allegations that on 18.9.2005 at about 5 P.M. an altercation had taken place between Irshad and Afrin over filling of water from the hand pump; that thereafter at 6 A.M. on 19.9.2005, accused appellant Nisar Ahmad alongwith co -accused Irshad and Intesar Ahmad, entered the house of Moinuddin where his relatives Smt. Tahira Khatoon and Mahmoodullah were present; that appellant Nisar Ahmad fired one shot at Tahira Khatoon, due to which she expired on the spot whereas Mahmoodullah and Afrin sustained injuries from the shot fired by Irshad. On hearing sound of gun shots, the complainant with his wife Mussaratjahan came out of their room and were fired upon by Intesar which caused pellet injuries on both hands of Mussaratjahan while the complainant received pellet injury in his stomach.