MOHAMMAD SABIR Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a criminal appeal filed on behalf of the accused-appellant from judgment and order dated 31st of March, 2001, passed by IVth Additional Sessions Judge, Pilibhit in Sessions Trial No. 179 of 1997, State v. Mohammad Sabir convicting the accused-appellant under Section 302, I.P.C. and sentencing him to imprisonment for life thereunder. Accused Mohammad Sabir was acquitted under Section 25 of the Arms Act by the impugned judgment.

(2.) PROSECUTION case as unfolded during the trial in brief is that Gulam Mohammad alias Chunna alongwith his wife Rani Begum and children used to reside at Mohalla Pakariya within the limits of police station Pilibhit, Kotwali, district Pilibhit. Some fifteen days prior to the murder of Gulam Mohammad alias Chunna, Mohammad Sabir, resident of mohalla Khera went to the house of Gulam Mohammad and asked him to prepare kantta sabbal (tool for burglary) but Gulam Mohammad refused which resulted in an altercation between them and Gulam Mohammad snubbed him and made him go away. At that time Mohammad Sabir threatened Gulam Mohammad to see him. At about 3 a.m. during the night between 21st and 22nd of October, 1996, Mohammad Sabir alongwith Salim entered the house of Gulam Mohammad by scaling the wall and caught hold of Gulam Mohammad who was sleeping in the room and took him in the aangan and Salim asked Sabir that he had insulted him and he should be shot dead. That night Amiruddin, brother-in-law of Gulam Mohammad was sleeping in his house because Gulam Mohammad was not well as he was suffering with colic. In the meanwhile Rani Begum, wife of Gulam Mohammad raised cries and Amiruddin also woke up. At that time an electric bulb was lighted on the wall in between the room and the verandah. As Amiruddin tried to catch hold of the two miscreants Mohammad Sabir fired at Gulam Mohammad with countrymade pistol hitting him at his chest. Immediately Mohammad Sabir picked up black burka of Rani Begum lying there and wrapped the countrymade pistol in the burka and both the miscreants took to their by opening the door of the house. Sustaining the firearm injuries Gulam Mohammad fell down and died on the spot instantaneously. Raising the hue and cry Rani Begum and Amiruddin chased the miscreants. In the meanwhile, Gypsy of police reached there and the police personnel got down and caught hold of Mohammad Sabir and Salim with countrymade pistol, cartridges etc. near Gajala Unani Davakhana. On being enquired they disclosed their names as Mohammad Sabir and Salim and on their personal search one countrymade pistol wrapped in a black burka with an empty cartridge in its barrel was recovered from the possession of Mohammad Sabir and seven live cartridges from that of Salim.

(3.) AUTOPSY conducted on the dead body of Gulam Mohammad by Dr. J. N. Misra, physician District Hospital, Pilibhit on 22nd of October, 1996 at 4 p.m., revealed belownoted ante mortem injuries : Firearm wound of entry 3 cm. x 3 cm. on left side of chest 0.5 cm. below inner end of left collar bone. Upper and middle part of left lung badly lacerated. First rib on left side fractured. Left atrium of heart also lacerated. Pericardium and left pleural cavity were full of blood. Blackening and tattooing present around the wound. The doctor recovered two small pellets from inside the wound. Stomach contained 100 gms. of semi digested food. The doctor opined that the death was caused due to haemorrhage and shock as a result of ante mortem injuries about half day ago.