BADAY @ MUSTAQ Vs. STATE OF U P

JUDGEMENT

(1.) Accused-Appellant Baday @ Mustaq son of Gajruddin resident of Purana Mohanpur Police Station Cantt. District Bareilly, has preferred this appeal against the judgment and order of conviction dated 20.03.2006 passed by the Additional Sessions Judge, Court No. 13, Bareilly, in Sessions Trial No.150 of 2002, arising out of case crime nos. 183 of 2001 and 183-A of 2001 under sections 302 I.P.C. and Section 4/25 Arms Act, Police Station Cantt. District Bareilly, whereby the accused appellant has been sentenced to life imprisonment coupled with fine Rs. 10,000/- and fine stipulates six months' additional simple imprisonment under section 302 I.P.C., and one year rigorous imprisonment under section 4/25 Arms Act. Sentences to run concurrently.

(2.) Heard Sri D.S. Mishra, Advocate assisted by Sri Chandrakesh Mishra, learned counsel for the appellant, Sri A.N. Mulla and Kumari Meena, learned A.G.A. for the State and also perused the record.

(3.) The prosecution story as emanates from the record is based on first information report lodged by first informant Bholey Shanker son of Umray, resident of village Purana Mohanpur Police Station Cantt. District Bareilly, on 30.6.2001 at 11.10 A.M. at Police Station Cantt, District Bareilly at crime no. 183 of 2001 under section 302 I.P.C. with the allegation that the first informant's son Shanker Kashyap aged about 17 years was a confectioner. He had some quarrel with children of one Gajruddin of the same village on 30.06.2001 in the morning wherein the matter was reconciled. Informant's son Shanker Kashyap prior to incident had sustained some burn injury on his hand on account sprinkling of hot Ghee and first informant was taking him to doctor (Jagdish Saran) in the village for bandage/dressing. As soon as he reached in front of hospital of Dr. Jagdish Saran, he saw Badey son of Gajruddin, resident of Mohanpur, possessing Lathi in his hand, standing over there. When they reached near him, he suddenly gave lathi blow on the head of informant's son (deceased Shanker Kashyap) due to which he fell down then Badey @ Mustaq (accused) whipped out a knife and gave several knife blows to his son. In the meanwhile Hulashi Ram son of Khemraj and informant's brother Nand Ram arrived on the spot. They tried to save Shanker and also tried to catch Badey son of Gajruddin, but the accused fled away from the scene. When occurrence took place, Sujata daughter of Nanhey Lal was also standing over there. This incident occurred around 9:30 A.M. Informant took his son to district hospital in a Jeep where he expired. His body was kept in district Hospital, therefore, request was made for lodging the report and action be taken. This written report is Ext. Ka. 1.