NISAR AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Umesh Chandra Chaurasia, learned counsel for the appellant, Ms. Nand Prabha Shukla, learned A.G.A. for the State and perused the material available on record.

(2.) Under challenge in this appeal is the judgment and order dated 27.3.2004 passed by learned Additional Sessions Judge/Special Judge (SC/ST Act), Sultanpur, in Special Sessions Trial No. 9 of 2002, arising out of Case Crime No. 1008 of 2001, Police Station Kotwali Nagar, District Sultanpur whereby present appellant Nisar Ahmad was convicted for the offence under Section 302 I.P.C. and was sentenced with imprisonment for life and also with fine of Rs. 10,000/- with default stipulation of two years rigorous imprisonment, out of the said amount, Rs. 8,000/- were to be paid to Smt. Shyam Kali (widow of the deceased).

(3.) In brief the case of the prosecution was that complainant Smt. Shyam Kali lodged an F.I.R. at police station on 23.9.2001 at 19:40 hours alleging therein that her husband Siya Ram used to carry on business of fruits with appellant Nisar Ahmad. But because of dishonest conduct of Nisar Ahmad, the deceased left the business with him and started working at the Arhat of Shambhu, due to which appellant Nisar Ahmad was nursing grudge against the deceased. On 23.9.2001 in the evening when Siya Ram was present at his house then appellant Nisar Ahmad came to his house and on the pretext that his father is calling him so Siya Ram went away with him. They reached near a culvert. Complainant Shyam Kali and her Devar Ram Raj went behind them. Nisar Ahmad started abusing her husband Siya Ram. Siya Ram asked Nisar Ahmad not to abuse him and moved back to return to his house,in the meantime, Nisar Ahmad took out his country-made pistol and at about 7:00 p.m. fired at her husband and ran away from there. Siya Ram fell on the ground after sustaining the injuries. He was taken to the hospital and F.I.R. of this case was lodged under Section 307 I.P.C. Siya Ram died at hospital on 23.9.2001 at 8:05 p.m. and information of death was sent through the ward-boy of the hospital, on the basis of which, the case was converted under Section 302 I.P.C. and inquest proceedings were conducted. After completing necessary formalities, postmortem on the body of the deceased was done which took place on 24.9.2001 at 7:30 a.m. and following ante-mortem injuries were noted by the doctor in the postmortem report:-