ASLAM Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 02.08.1995 passed by VIth Additional Sessions Judge, Gonda in Sessions Trial No. 179 of 1994 (State Vs. Fazar Ali and others) under Section 302 I.P.C. Police Station Sadullanagar, District Gonda, whereby accused Fazar Ali, Aslam, Budhhu and Kuchuchu have been convicted and sentenced under Section 304(1) I.P.C. read with Section 34 I.P.C. with rigorous imprisonment of 10 years each.

(2.) Factual matrix of the case is that on 04.12.1993 at about 11.00 a.m. complainant Abdul Vaheed Son of Mohd. Raeesh, resident of Manikgarh, Police Station Sadullanagar, District Gonda gave an application to Police Station Sadullanagar to the effect that on 04.12.1993 at about 08.30 a.m. his father Mohd. Raeesh had gone to shop of Jagdeesh Gupta, where he was drinking tea. Meanwhile Fazar Ali armed with "Ballam", Aslam, Buddhu and Kuchuchu all armed with "lathi" came there and started hot talks with his father and attacked due to enmity with intention to kill him with "ballam" and "lathi". When his father raised alarm, the complainant, his brother Abdul Vaheed, Hafeez and mother Alimunnisha, villagers Liyakat Ali and Mohd. Yakub reached there and witnessed the occurrence. Seeing the complainant and witnesses coming to the place of occurrence, the accused persons fled away. The complaint took his father to Police Station, but he died on the way.

(3.) On the basis of above complaint (Exhibit Ka-1) Chik F.I.R. (Exhibit Ka-18) was recorded at Police Station Sadullanagar at Crime No. 209/1993 under Section 302 I.P.C.