(1.) THE appellant Ashfaque has been convicted and sentenced to undergo 10 years rigorous imprisonment under Section 304 IPC by the Special Sessions Judge, Unnao, in Sessions Trial No. 239/1993, decided on 19.11.1997.
(2.) IT is said that the occurrence took place on 17.7.1992 at 5.30 A.M. The deceased Mohd. Haneef on a day before the occurrence i.e. on 16.7.1992 was sitting in front of his house at about 9.00P.M. when he noticed that there was some one near Imam Bara. As soon as he lighted his torch, he saw a girl running away from there. Immediately thereafter Ashfaque came and asked Mohd. Haneef as to why he lighted the torch, upon which the deceased Mohd. Haneef said not to do such things. The appellant Ashfaque left the place but before leaving the place he threatened the deceased to teach him a lesson. On 17.7.1992 at about 5.30 P.M. when the deceased Mohd. Haneef and his wife had just woke up and were sitting on a cot in front of their house, the appellant Ashfaque along with Farooque and Abdul Rab came and started abusing the deceased. In the meantime the appellant Ashfaque took a wooden stick from Chhappar and gave a blow on the head of Mohd. Haneef, as a result of which he received head injury and became unconscious. On an alarm being raised by his wife, several persons reached the place but the appellant and his associates managed to escape from the place of occurrence. The deceased was taken to the police station in injured condition, where his brother Mohd. Shameem Khan lodged an FIR. The deceased was sent to the hospital for treatment but the doctor on examination found him dead.
(3.) THE prosecution examined six witnesses during the trial and the learned trial court acquitted Farooque and Abdul @ Munna of the charges under Sections 308, 302/34 and 504 IPC. The appellant was also acquitted of the charges under Section 302/34, 308, 504 IPC but was convicted under Section 304 IPC. The learned trial court on appreciation of evidence recorded a finding that the charges against Farooque and Abdul @ Munna were not proved and the appellant Ashfaque was guilty of only killing the deceased but without any intention to kill him.