MAHMOOD ALI Vs. STATE OF U.P

JUDGEMENT

(1.) The present appeal has been filed against the common judgement and order dtd. 6/11/2009 passed by the learned Additional Sessions Judge, Court No.6, Ghaziabad in Sessions Trial No.201 of 2008, arising out of Case Crime No.444 of 2007, thereby convicting and sentencing the appellant under Sec. 302 IPC for life imprisonment with fine of Rs.2,000.00 and in default of payment of fine, to further undergo one year additional imprisonment and further in Sessions Trial No.189 of 2008, arising out of Case Crime No.478 of 2007, under Sec. 25/4 Arms Act, thereby convicting and sentencing the appellant for one year imprisonment with fine of Rs.500.00 and in default of payment of fine, to further undergo one year additional imprisonment. However, both the sentences shall run concurrently.

(2.) As per the prosecution case, the complainant, Raj Mohammad lodged a report mentioning therein that his maternal uncle, Mohd. Raees Ahmad S/o Rafeeq Ahmad used to live in his house and he was going to attend the Namaz on 26/7/2007 at 5.30 AM. The accused-appellant, Mahmood Ali assaulted his maternal uncle by knife in front of Power-loom factory. His maternal uncle made alarm and fell down. The accused-appellant ran away from the place by hurling knife. It is alleged that accused-appellant had brought a lady, namely, Parveen who had gone to some other place after living with him for 5-6 months. The accused-appellant had developed enmity with Mohd. Raees Ahmad believing that Mohd. Raees Ahmad helped Parveen, who left the house of the accused-appellant. The complainant, Mohd. Alam S/o Bundhu and other neighbours had seen the accused-appellant assaulting his maternal uncle. The complainant had taken his maternal uncle to the Government Hospital, but he died before reaching the hospital.

(3.) On the basis of written Tehrir FIR was lodged in Case Crime No.444 of 2007, under Sec. 302 IPC and after recovery of the knife, second FIR was lodged in Case Crime No.478 of 2007 under Sec. 25/4 Arms Act. Inquest was conducted and thereafter the dead body was sent for post-mortem. The cases were investigated by the Investigating Officer, who after completion of enquiry, filed two separate charge sheets; one under Ss. 302 IPC and the other under Sec. 25/4 Arms Act against the accused-appellant. The cases were committed to the court of sessions. Both the cases were tried together. Charges were framed against the accused-appellant under Sec. 302 IPC and Sec. 25/4 Arms Act. The accused-appellant denied the charges and pleaded for trial.