MUNNA Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 5.2.1983 passed by then Sessions Judge, Rampur in Sessions Trial No. 154 of 1982 (State versus Munna) arising out of Case crime no. 287 of 1982, Police Station Ganj, District Rampur whereby appellant was held guilty of offence under section 302 Indian Penal Code (in short, IPC) and sentenced to imprisonment for life.

(2.) Brief facts of the case are that deceased Amanat Khan used to ply rickshaw. His son Babboo (PW -2) had a tea stall (hotel) at Bilaspur Gate at the time of occurrence. It is alleged that on 22.8.1982 at about 9:00pm informant Babboo son of deceased Amanat Khan was on the brink of closing his tea stall and had already cooled the furnace (bhatti). Suddenly, appellant Munna arrived at the tea stall accompanied with 4 -5 companions and asked Babboo to serve tea. Babboo expressed his inability because of cooling of furnace. But Munna continued to insist. His father Amanat Khan, a rickshaw puller was sitting on his rickshaw at the tea stall. He also intervened by scolding Munna whereupon irate Munna feeling insulted in front of his friends, threatened both Amanat Khan as well as informant Babboo and left with his companions.

(3.) It is alleged that on next day i.e. on 23.8.1982 at about 8:30am in the morning both deceased Amanat Khan and his son informant Babboo left home at the same time for attending their respective occupations. Deceased Amanat Khan was plying his rickshaw and informant Babboo was following him on bicycle though bicycle is not mentioned in the First Information Report (in short, FIR). As soon as they reached at tri -junction (Tiraha) of Mohalla Sarai Jahangir, appellant Munna son of Asad Khan surfaced from the lane of Sarai Jahagir and opened fire upon Amanat Khan deceased resulting in his almost instantaneous death. Part of body of deceased fell down on the road but his one leg got entangled in the rickshaw frame.