RAEES AHMAD Vs. STATE

JUDGEMENT

(1.) Heard Sri K.D. Tripathi, learned counsel for the appellants, Sri J.K. Upadhyay, Sri Saghir Ahmad, A.N. Mulla, learned AGAs and Smt. Manju Thakur, State Law Officer.

(2.) This criminal appeal has been preferred by the appellants against the judgment and order dated 15.2.1990 passed by 10th Additional Session Judge, Kanpur Nagar by which Raees Ahmad @ Babu A1 has been convicted under Sec. 302 Penal Code while Saleem @ Munna A2 has been convicted under Sec. 302/34 Penal Code and both the appellants have been sentenced to imprisonment for life.

(3.) Briefly stated the facts of this case are that PW1 Abdul Wahab lodged a written report Ext. Ka1 on 16.6.1988 at about 10:00am at P.S. Anwarganj alleging therein that on 16.6.1988 at about 8:30am he was going with his son Naushad to his shop at Chamra Mandi from his house and as soon as they reached near Ashfaqullah Park, appellants emerged from the eastern lane. Raees Ahmad @ Babu A1 who was armed with a country made pistol on the exhortation of accused appellant Saleem @ Munna A2 to shoot the Naushad, fired at his son Naushad from his country made pistol who collapsed on the ground after receiving firearm injury on the left side of his chest. Upon hearing cries for help of PW1 complainant Abdul Wahab, his real brother Sajjad Ali and other persons arrived on the spot. In the meantime, accused-appellants fled towards the Chamra Mandi extending threats. Blood oozing from the gunshot wound received by his son Naushad had spilled all over the place where he had fallen down. PW1 Abdul Wahab hired a rickshaw and took his son to Ursala Hospital where the doctor after examining him declared him dead. Thereafter, the complainant went to the Police Station Anwarganj and gave a written report of the occurrence which was scribed by him in the Operation Theatre of Ursala Hospital. It was also stated in the FIR that at the time of the occurrence, the shops in the area were open, but soon after the occurrence most of the shopkeepers closed their shops and fled away from the place of incident. The written report Ext. Ka1 also contained a recital that there was previous enmity between Raees Ahmad @ Babu A1 and the deceased-Naushad emanating from an incident which was followed by Raees Ahmad @ Babu A1 lodging an FIR against the deceased-Naushad under Sec. 307 IPC.