SHAFIQ AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Accused Shafiq Ahmad, son of Abdul Hamid, has come up in appeal to this Court against the judgment and order-dated 25.6.81 passed by Sri Jaswant Singh, the then Additional Sessions Judge, Bijnor in S.T. No. 299 of 1980 whereby he convicted the accused under Sec. 304 Part II of the Penal Code and sentenced him to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.1000.00. In default of payment of fine, he was ordered to suffer six months rigorous imprisonment.

(2.) The allegations of the prosecution, in nutshell, were as under:-

(3.) On 24.5.80 at about 7-00 a.m. Rafiq demanded his money from the appellant as he needed the money. The appellant asked him to sit and settle the dispute and promised to pay. He took earrings (Bundey) from his wife and both brothers sat with a view to solve the dispute. After sometime, altercation and exchange of hot words took place and the appellant stabbed his brother on his left chest. Mohd. Hanif and his father (Abdul Hamid) raised alarm. The appellant ran away out of the house alongwith knife. He was chased by the informant but could not be apprehended. A number of villagers including Shyam Singh and Abdul Malik saw the appellant running away with knife. When Mohd. Hanif retuned home, he found his brother Rafiq dead.