ASADULLA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is directed against the judgment and sentence dated 7 -3 -2003 passed by the learned Addl. Sessions Judge, Court No. 1, Budaun in Session Trial No. 1130 of 1997, State v. Asadulla and Ishratulla, under Section 302 read with 34 IPC and Section 4/25 Arms Act Police Station Kotwali district Budaun whereby he convicted and sentenced the appellants under Section 302 read with 34 IPC to life imprisonment and a fine of Rs. 5000/ -. In default of payment of fine they were directed to undergo six months additional imprisonment. He has convicted and sentenced the appellant Asadulla to six months rigorous imprisonment under Section 4/25 Arms Act. All the sentences were made concurrent.

(2.) THE prosecution case in brief is that informant Smt. Ajaj Bano is resident of Mohalla Nagran P.S. Kotwali, Budaun. One Iqbal grand -son of informant on 19 -5 -1997 stabbed to death one Ajmatulla Khan alias Abdulla Khan at Zama Masjid crossing on the dispute of Rikshaw fare. The said Iqbal was in jail and the pairvi of his case was being conducted by deceased Rais Beg the son of informant. As a result of which the brothers of deceased Iqbal and his relations were inimical with the informant and his son deceased Rais Beg. On 23 -6 -1997 deceased Rais Beg was coming to his house after closing his shop of Battery charging situated behind the water works, the informant met him near Sabji Mandi, the deceased and the informant visited the house of CW 1 Wahid who is cousin father -in -law of deceased. At about 7.45 p.m. when the deceased and informant were going to their house and reached near the stall of one Khalil the accused appellants Asadulla Khan and Ishratulla Khan armed with Tabals surrounded the deceased Rais Beg and exhorted that he was doing pairvi and they will not allow him to remain alive. Both the accused appellants assaulted the deceased by Tabals who fell down after receiving injuries. The informant had a torch in her hand and deceased was carrying bicycle though both were going on foot. The occurrence was seen by the witnesses Shakeel Mistri and Intzar Beg. None chased the accused persons and they fled away. After some time police reached at the place of occurrence, took the deceased to hospital where he died due to the injuries. Informant Smt. Ajaj Bano went to police station Kotwali Budaun and submitted written report Ex Ka -1 at about 22.10 p.m. A chick F.I.R. Ext Ka -16 was prepared. A case was registered vide GD No. 55 time by 22.10 dated 23 -6 -1997, carbon copy of which is Ext Ka -17. The investigation was entrusted to Inspector Karam Veer Singh Bansal who prepared inquest report Ext Ka -7 and sent the dead -body for post -mortem. He prepared site plan Ext Ka -3 took blood stained and plain earth from the place of occurrence and prepared memo Ext Ka -4. He picked up Avon Cycle and one pair old Chappal and prepared memo Ext Ka -5. He inspected the torch of informant and prepared memo Ext Ka -6. He took the appellants on police remand on 6 -7 -1997. The accused persons got the weapons of assault recovered from a grave yard. The Investigating Officer sealed the same and prepared memo Ext Ka -13. The appellants told to the Investigating Officer that these are the abalas through which they committed murder of the deceased. The Investigating Officer prepared site plan of the place of recovery Ext Ka -4 and got a case registered against the appellant Asadulla Khan under Section 4/25 Arms Act and after conclusion of investigation the Investigation Officer submitted charge -sheet against the accused persons.

(3.) THE blood stained wearing pant, belt, shirt, baniyan, Angochha, Kachha, Tabij, blood stained and plain brick bats, Pharsa and Tabal were sent for serological examination to Vidhi Vigyan Prayogshala, Agra. A report was received which is Ext. Ka -20.