SHAHABUDDIN Vs. STATE OF U P

JUDGEMENT

(1.) Under challenge in the instant criminal appeal is the judgment and order dated 06.12.2006 passed by Additional Sessions Judge/Special Judge (CBI), Prevention of Corruption Act, U.P. (East), Ghaziabad, in Sessions Trial Nos.1252 of 2005 and 1253 of 2005 arising out of case Crime No.28 of 2005 and 40 of 2005 respectively, Police Station Kotwali Hapur, District Ghaziabad, whereby appellant Shahabuddin was convicted for the offence under Section 302 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs.10,000/- with default stipulation of two months' additional simple imprisonment. He was further convicted for the offence under Section 4/25 Arms Act and was sentenced to undergo rigorous imprisonment for a period of six months and also with fine of Rs.2,000/- with default stipulation of one month's additional simple imprisonment. All the sentences were directed to run concurrently.

(2.) Abridged facts of the instant case are that on 24.01.2005 at 11.30 AM, complainant Imran lodged a first information report at Police Station alleging therein that on the same day at about 10.30 AM, when he along with his father Abdul Salam was going towards mosque then appellant Shahabuddin intercepted his father and gave several blows of knife (Chhura) due to which his father fell down. He, along with Sabbir and Nadeem, who were present there, made an attempt to apprehend Shahabuddin but he made good his escape. Abdul Salam was brought in an injured condition to Khan Nursing Home where he was declared dead by the doctor. On the basis of the typed report given by the complainant, the first information report of this case was registered and the investigation proceeded. During investigation, inquest proceedings took place and thereafter the dead body along with other papers was sent for postmortem, which took place on the same day at 04.30 PM. According to the postmortem report, duration of death was about half day and following injuries were found on the body of the deceased:-

(3.) During the course of investigation, the appellant surrendered in the Court. He was taken on police remand vide order of Additional Chief Judicial Magistrate, Hapur, on 04.02.2005 and on his pointing out, the weapon of offence was recovered on 05.02.2005 at 11.50 AM. A separate case under Section 4/25 Arms Act was registered at Crime No.40 of 2005. After concluding the investigation, charge sheet was filed against the appellant and separate charge sheet under Section 4/25 Arms Act was also filed. Both the cases were tried together.