RIYASAT Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 30.11.2004 passed by Special Additional Sessions Judge, (E.C. Act), Hardoi, passed in Sessions Trial No. 694 of 2002, by which the appellant has been convicted under Section 302 I.P.C. and has been sentenced to undergo imprisonment for life and a fine of Rs.5,000/- has been imposed upon the appellant, and in default of payment of fine, further imprisonment of one year.

(2.) The prosecution case in brief is that the sister of informant namely Smt. Latifa Bano was married to the accused-appellant Riyasat, who have five children out of their wedlock and one eldest child was aged about 22 years. Prior to one year of the incident sister of the informant Smt. Latifa Bano along with her children used to live with him at village Mangiyawa. The accused used to harass and assault his sister on account of which she was not going to her in-laws house. Therefore, the accused was having inimical relationship with the family of informant. On 2.5.2002 in the morning the informant along with his brother Shabir and cousin brother Khalil was going for work and when they reached near Ghantaghar Chauraha at about 07:30 A.M. the accused-appellant Riyasat armed with an axe came to his brother and uttered that he would killed him today as he has separated him from his children. After which he suddenly gave a blow by an axe on his head to kill him, on account of which his brother Shabir was injured and he had fallen on the ground. The informant and other persons witnessed the incident and tried to apprehend the accused but he fled away. The injured Shabir was lying in a pool of blood and the axe was also lying at the spot. Police arrived at the spot and took the informant's brother to the hospital and after admitting him he gave a written report which is Ex-Ka 1 at the concerned police station. The informant in his report stated that the present incident was committed by the accused-appellant Riyasat in conspiracy with his brother and family members.

(3.) On the basis of the written report an F.I.R. was lodged on 2.5.2002 at 08:40 A.M. and a chik F.I.R. was prepared as Ex-Ka 9. The incident was also endorsed in G.D. Rapat No. 14 at the same time, a carbon copy of the same is Ex-Ka 10. The injured Shabir died on the same day and the case was converted under Section 302 I.P.C. and endorsement was also made in G.D. of the concerned police station, carbon copy of the same is Ex- Ka 11.