HASIM Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused appellant Hasim against the judgement and order dated 19.3.1983 passed by Sri S.L. Adarsh VIIth Addl. Sessions Judge, Allahabad in Session Trial No.179 of 1981 convicting the appellant Hasim for the offences punishable under Section 302 read with section 34 I.P.C. and Section 25 (1)(a) Arms Act and sentencing him to undergo imprisonment for life for the said offence and one year rigorous imprisonment for the offence under Section 25 (1)(a) Arms Act. Both the sentences of the accused appellant were directed to run concurrently.

(2.) The facts of the case, as unfolded by the informant Nafeesul Hasan in the written report Ext. Ka-1, are that on 15.7.1980, the informant Nafeesul Hasan had gone along with Laddan to his sister's house, who was married to Gulam Rasool and residing in Kasba Karari. The informant, Laddan and deceased Gulam Rasool reached the grain market at about 2.00 p.m. The accused Hasim, Nisar, Shankar and Chiraunji emerged suddenly from behind the cloth shop of Achche and the appellant Hashim shouted that enemy was there and revenge should be taken and thereafter fired a shot at Gulam Rasool (deceased) with his country made pistol and on sustaining injury, he fell down after running for some distance.The informant raised a hue and cry. In the meantime, accused Nisar also fired a shot at Gulam Rasool with his country made pistol from a short distance. On being instigated by the accused Chiraunji, accused Shankar inflicted a knife blow on the abdomen of Gulam Rasool who died on the spot. On hearing the outcry of the informant, Laik Ahmed, Nankau, Abdul Hamid, Mohammed Yunus, Syed Mohamed Sibte Aktar alias Bassan and other reached the spot and tried to chase the miscreants, whereupon the accused Nisar, finding no way to escape, fired another shot to scare them. However, accused Nisar and Hashim, after being beaten were overpowered and apprehended at Ram Leela ground along with country made pistols and live cartridges.Accused Shanker and Chiraunji succeeded in fleeing away. When accused Hashim and Nisar were being taken to the police station along with pistol and cartridges recovered from them, Nisar died on the way to the police station. Thereafter, the appellant Hashim was handed over to the police at the police station along with the dead body of Nisar.

(3.) The informant submitted a written report (Ext. Ka-1) of the occurrence at the police station Karari, on the basis of which, a case under sections 302/307 I.P.C. and section 25 Arms Act was registered against the accused Hasim, Chiraunji, Shankar and the deceased Nisar. After preparation of inquest report, post-mortem examinations on the dead bodies of the deceased persons were carried out and after investigation, the accused were challaned and were thereafter committed to the Court of Sessions for trial on 21.5.1981 by Sri S.C. Bose, Munsif Magistrate, Allahabad under sections 302 and 307 I.P.C. and 25 Arms Act for committing murder of Gulam Rasool, attempting to commit murder of Nafeesul Hasan and others and being in possession of country made pistol and live cartridges on 15.7.1980 at about 2.00 p.m. at grain market Karari within police circle Karari district Allahabad. Co accused Chiraunji died during the trial. The accused Hashim and Shankar were charged and tried under sections 302 read with 34 I.P.C. and accused Hashim was further charged and tried under section 25 (1) (a) Arms Act by the Court of VII Additional Sessions Judge, Allahabad.