FURQAN Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order dated 27.08.2004 passed by Additional District and Sessions Judge, Court No. 4, Moradabad in Sessions Trial No. 338 of 2003, by virtue of which the appellant has been convicted for commission of offence under Section 302 of the Indian Penal Code (in short hereinafter mentioned as IPC) and sentenced to undergo imprisonment for life and to pay a fine of Rs. 50,000/- for the offence punishable under Section 302 IPC and in default of the payment of fine to further undergo Imprisonment for a period of three years. The appellant has been in incarceration for about 15 years.

(2.) In an abridged form, prosecution allegations against the appellant, as were contained in the written report (Ext. Ka-1), were that on 25.10.2002 at about 9.45 a.m. while informant Akhtar along with his deceased son Hasrat of village Korbaku, within the circle of Police Station Bhojpur, District Moradabad were going to their field on motorcycle, are said, to have been intercepted by accused Furqan, near the boundary wall of a Primary School and appellant demanded motorcycle from Hasrat Ali (deceased). Hasrat Ali (deceased) is said to have refused to give his motorcycle by saying that the appellant is a man of bad character and he always involves in mischievous acts. Hearing this, appellant got infuriated and said that he will teach lesson to him as to how he dared to say so and said that deceased had also refused to give the motorcycle 15 days earlier and he, thereafter, took out a country made pistol (Tamancha) from below the shirt and fired at Hasrat Ali (deceased), which hit the deceased on the right side of chest and Hasrat Ali died instantaneously. This incident is said to have been witnessed by Nabi Ahmad and Asgar Ali of the same village. Informant and the said witnesses tried to apprehend the accused appellant but he escaped towards the village by opening fire. It is also alleged in the written report that brother of appellant is also a goon and the villagers also fear him. It is further alleged that after the incident the children of the school ran towards their home and the villagers also closed their doors due to fear of these musclemen.

(3.) Informant Akhtar Ali went to the police station, which was situated at a distance of 6 Kms where a written report (Ext. Ka-8) was lodged by the informant, as Crime No. 534 of 2002, under Sections 302 I.P.C. and Section 7 Criminal Law Amendment Act, at 9.45 a.m. on the same day after getting the same scribed by one Ashraf Ali son of Asgar Ali of village Korbaku, P.S. Bhojpur, District Morabad.