STATE OF U P Vs. GUDDU ALIAS FURKAN

JUDGEMENT

(1.) This Government appeal has been filed on behalf of the State from the judgment and order dated 2nd of April, 1997 passed by VII Additional Sessions Judge, Kanpur Nagar in Sessions Trial No. 1098 of 1995 State Vs. Guddu @ Furkan acquitting the accused of the charge levelled against him under Sec. 302 IPC.

(2.) Brief facts giving rise to this appeal are that at 7:15 p.m. on 5th of March, 1995 Rashid Ali, brother of injured Mumtaz Husain lodged an FIR at police station Bekanganj situate at a distance 2 1/2 Furlongs from Penchbagh alleging that Sajid Husain, father of the victim was in occupation of house No. 94/106, Penchbagh as tenant of one Mahavir Prasad. Guddu @ Furkan residing in Roti wali gali within the limit of police station Moolganj wanted to get the said house vacated forcibly. On 26th of March, 1994 the accused taking some ruffians came to the house of Sajid Husain and threatened him to vacate the accommodation in his occupation; and Mumtaz Husain lodged the FIR of that incident at police station Bekanganj. On 26th of Nov., 1994 the accused hurled handgranade at his son Rashid Ali and an FIR of that occurrence was also lodged by Mumtaz Husain at the police station. That case was pending in the court of Session and Mumtaz Husain was an eye witness of that occurrence. In the evening of 5th of March, 1995 Rashid Ali and his father Sajid Husain were sitting at their dental clinic. Mumtaz Husain, younger brother of Rashid Ali aged about 15-16 years was drawing water from the hand pump situate across the road in front of the clinic. In the meanwhile Guddu @ Furkan came from the side of Penchbagh hurling abuses and as he reached near the hand pump he fired at Mumtaz Husain with countrymade pistol. Sustaining firearm injury Mumtaz Husain fell down and on hearing the sound of shot fired Sajid Husain, Rashid Ali and few others rushed to the scene of occurrence and Guddu, the assailant fled away threatening them. Immediately the injured was rushed to Ursala Hospital for treatment by his father Sajid Ali and brother Liyakat Husain. The police registered a crime against the accused under Sec. 307 Penal Code and made entry regarding registration of the crime in GD (Exts Ka 11 & Ka 12). Station Officer Brijvir Singh who took up investigation of the crime in his hand went to the scene of occurrence, inspected the site and prepared its site plan map (Ext Ka 3). He also recorded statements of the witnesses.

(3.) Since condition of injured Mumtaz Husain was serious he was referred to LLR Hospital, Kanpur where he was admitted at 7:40 p.m. the same evening but he succumbed to the injuries sustained by him in the said incident the same night at 9:30 p.m. On receiving information on telephone on 6th March, 1995 at 10:00 a.m. from police station Swaroop Nagar regarding death of Mumtaz Husain in LLR Hospital last evening the police altered the crime under Sec. 302 Penal Code vide GD entry No. 24 (Ext. Ka 10). Then Station Officer Brijvir Singh went to LLR Hospital and drew inquest proceedings on the dead body of Mumtaz Husain. He prepared the inquest report (Ext Ka 4) and other necessary papers ( Ext Ka 5 to Ka 8) and handed over the dead body in a sealed cover alongwith necessary papers to Constables Jahan Singh and Sunil Kumar for its post mortem. He also recorded statement of Sajid Husain, father of the deceased.