JAHID Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Danish Iqbal Faridi, learned counsel for the appellant and learned AGA for the State.

(2.) This appeal has been filed by the appellant Jahid against the judgment and order dated 20th Sept. 1993 passed by VIth Additional Sessions Judge, Bulandshahar in S.T. No.572 of 1991 (State Vs. Jahid) arising out of case crime no. 81 of 1991 under Sec. 302 IPC, P.S. Khurja Dehat, District Bulandshahar by which the accused appellant has been convicted and sentenced to undergo rigorous imprisonment for life under Sec. 302 IPC.

(3.) The prosecution case is that when Safat Khan son of Tariqat Ali had gone to the house of Aitmad Khan to ask milkmen, Mustafa Khan and Ali Hasan to collect milk from his house on 09.08.1991 at about 8.00 p.m., he found accused-appellant Jahid and his father Aitmad Khan quarrelling with each other. Jahid was abusing his father Aitmad Khan. Safat khan intervened and told Jahid not to abuse his own father and to be nice towards him, whereupon Jahid retorted by taunting that he was siding with his father and simultaneously fired at Safat Khan with a countrymade pistol and the shot so fired hit Safat Khan on his chest causing his instantaneous death. The occurrence was witnessed by milkmen, Mustafa Khan PW-3 and Ali Hasan PW-2 in the light of the lantern kept near the place of occurrence. Soon after the incident Tariqat Ali father of Safat Khan also arrived at the spot and saw the dead body of his son lying there. Tariqat Ali PW-1 got the report of the occurrence scribed by one Rafeeq Khan and lodged the same at P.S. Khurja Dehat on the same day at about 10.45 a.m., Ext.ka-1.