NOOR ALAM Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal is filed against the judgment and order dated 14 -7 -2003 passed by Additional Sessions Judge, Fast Track Court No. 5, Meerut in ST No. 316 of 1998 whereby the appellant is convicted under Section 302 I.P.C. and sentenced to undergo imprisonment for life and a fine of Rs. 10,000/ - and in default of payment of fine 6 months imprisonment. He is further convicted under Section 25 Arms Act and sentenced to undergo RI for two years and a fine of Rs. 500/ - and in default of fine one month RI.

(2.) BRIEF facts of the case mentioned in the First Information Report lodged by Sirajuddin are that the appellant Noor Alam performs the work of carving alongwith his brother Islamuddin. On 8 -10 -1997 some altercation had taken place between Noor Alam and Islamuddin regarding some money, but the matter was settled. On 9 -10 -1992, his brother Islamuddin was going on his scooter. Noor Alam was sitting on the back seat. He alongwith Abdul Khaliq and Mohd. Irfan were also following Islamuddin on a scooter. It is alleged that when the scooter of Islamuddin reached at Mohalla “Purva Abdul Wali Masjid Imiliyan” at about 9.50 a.m., on account of the earlier enmity Noor Alam, while sitting on the back seat of the scooter, fired on Islamuddin, who fell down. He, Abdul Khaliq and Mohd. Irfan saw Noor Alam firing on his brother. It is further alleged that when Noor Alam tried to run away, he was apprehended alongwith his pistol by the informant, one Cons. Sudesh Kumar and several other persons. Islamuddin died on the spot and Noor Alam was brought to the police station. The First Information Report was lodged by Sirajuddin at the police station. The F.I.R. was registered at Case Crime No. 215/97 under Section 302 I.P.C. and Case Crime No. 216/97 under Section 25 Arms Act. The report is Ext. Ka -5 and GD entry is Ext. Ka -6. After the registration of the case, Nanke Singh Janwar started the investigation. He recorded the statements of Sirajuddin, Noor Alam, Con. Karan Singh and Ashraf. He reached at the place of occurrence and prepared the recovery memo of blood stained and plain earth which is Ext. Ka -3. He also prepared the site -plan which is Ext. Ka -7. He recorded the statements of the witnesses and inquest witnesses. On 10 -10 -1997 he recorded the statement of constables and other witnesses and submitted the charge -sheet which is Ext. Ka -8. SI S.K. Dixit, had prepared the report to RI, Ext. Ka -10, report to CMO for taking clothes Ext. Ka -11, report to CMO for the post -mortem Ext. Ka -12, inquest report, Ext. Ka -13, Challan Lash, Ext. Ka -14, photo lash, Ext. Ka -15 and sanction of the District Magistrate for the prosecution of accused under Section 25 Arms Act (Ext. Ka -16).

(3.) IN the opinion of the doctor the cause of death is coma as a result of injury sustained.