ZIAUDDIN@ZIA Vs. STATE

JUDGEMENT

(1.) The present criminal appeal has been filed by Ziauddin alias Zia son of Hakim Najmuddin Ahmad resident of Katra Abu Turab Khan, Police Station Chowk, City Lucknow against his conviction and sentence dated 2.4.1979 passed by Sri G.N. Saxena, learned Additional Sessions Judge, Lucknow in Sessions Trial No. 52-A of 1975 whereby he convicted the accused' appellant under Sec. 302, Indian Penal Code and sentenced him to life imprisonment and under Sec. 25 of Arms Act sentenced him 2 years R.I.

(2.) The brief facts of the case, as per prosecution, are that the co-accused Sirajuddin alias Siraj (convicted), who also preferred Criminal Appeal No. 392 of 1979, but same stood abated on 5.3.2004 on account of his death, was armed with revolver and the present accused - appellant armed with country made pistol came at the residence of Basharat Ali at Afeem Wali Gali within the limit of Police Station Chowk, City Lucknow. The co-accused Sirajuddin alias Siraj is said to have opened fire causing injuries to Basharat Ali whereas the accused - appellant was present there with country made pistol After sustaining the firearm injuries, the victim fell on the ground. Agha Huzoor, Mohsin Ali, Akhtar Ali Zaidi, Smt. Nazuk Jahan, Nasreen, Mahjabin and Meena are said to have witnessed the occurrence. The victim was managed to carry to the Hospital where he was declared dead. With these allegations, Agha Huzoor, the son of the deceased submitted an application on 23.9.1974 at Police Station Chowk, Lucknow and on the basis of which a case as crime case No. 904 of 1974 under Sec. 302, Indian Penal Code was registered at 8.30 p.m. against the accused.

(3.) The investigation into the case was taken by Gyan Singh (PW 24). He visited the place of occurrence, took the dead - body in his possession, prepared the inquest (Ex Ka-36), recorded the statements of the witnesses and dispatched the dead - body in a sealed cover for post-mortem examination.