MOHD. AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Hemant Kumar Mishra, learned counsel for the appellant, Mr. Dharmendra Singh, learned A.G.A. for the State and perused the lower court record.

(2.) Under challenge in this appeal is the judgment and order dated 28.5.2008 passed by learned Additional Sessions Judge, Court No. 2, Unnao in Sessions Trial No. 262 of 2005 arising out of Case Crime No. 138 of 2005 and Sessions Trial No. 247 of 2006 arising out of Case Crime No. 139 of 2005, Police Station Kotwali Unnao, District Unnao, which were tried together. By the impugned judgment, learned trial court has convicted appellant Mohd. Ahmad for the offence under Sec. 302 I.P.C. and sentenced him with imprisonment for life and also with fine of Rs. 4,000/ - and further convicted him for the offence under Sec. 3/25 of the Arms Act and sentenced with rigorous imprisonment for a period of three years and also with fine of Rs. 1,000/ -. In default of payment of entire fine amount, he had to suffer one year additional imprisonment.

(3.) In brief the case of the prosecution was that Buddhi Lal, who happens to be brother of deceased Jungali Prasad, lodged an F.I.R. at Police Station Kotwali Unnao, District Unnao at 8:05 a.m. alleging therein that at about 7:00 a.m., his brother Jungali Prasad was present at his tea stall. His servant Sarvesh, the complainant and some other persons were also sitting in the shop. Because of the dispute, which took place, regarding payment of money, the three boys, who were present in the shop, who work in the nearby Indagro Factory, fired at Jungali Prasad, which hit on his abdomen. Hearing the noise of fire, several persons and two police constables chased them and they have been surrounded by the persons. However, injured Jungali Prasad has been taken by his son Sarvesh and some other persons to hospital for treatment. On the basis of this information, the case was registered and immediately, S.O. went to the place of occurrence, got the information about the place, where the police personnel and other persons had surrounded the accused persons. They went inside the Meena Steal Factory where the accused persons were hiding themselves wherefrom accused persons, present appellant and one Nafees Ahmad, were arrested. From the possession of the present appellant, one country -made pistol was recovered. On the basis of this recovery, a separate case was registered at Case Crime No. 139 of 2005, which was tried along with the main offence. Injured Jungali Prasad died in LLR Hospital, Kanpur. Ward -boy Sarvesh Kumar gave an information of his death on 27.2.2005 at 16:20 hours. Thereafter inquest proceedings were conducted. Jungali Prasad in injured condition was admitted in hospital on 24.2.2005 at 9:30 a.m. and he expired on 27.2.2005 at 4:00 p.m. Dead body of Jungali Prasad was sent for postmortem, which was conducted in Mortuary at Swaroopnagar, Kanpur on 28.9.2005 at 12:45 p.m., which comes within the circle of Police Station Swaroopnagar, Kanpur. As per postmortem report, following ante mortem injuries were found on his body: - -