ABDUL KHALIK Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellant, Abdul Khalik s/o Abdul Wahid alias Haider All r/o Qasba Nagina, P.S. Nagina, district Bijnor, was convinced under Sec. 302, I.P.C. and was sentenced to rigorous imprisonment for life by Sri Jaswant Singh, III Addl. Sessions Judge, Bijnor, vide judgment and order dated 1.12.1981.

(2.) Aggrieved by the judgment and order of the trial Court the appellant has preferred the present appeal.

(3.) Prosecution case is that on 24.4.1981 at about 3.00 p.m. first informant, Bhagwan Das and his brother Hukum Chand were going to Sabji mandi with vegetable buckets on their heads. When they reached in front of the old Munsifs building, accused Abdul Wahid s/o Mohd. Ishaq, Khaliq son of Haidar, Rais s/o not known, were found sitting at the shop of Khalik. Khalik was armed with a Chhura. On seeing the two brothers Abdul Wahid caught hold of the hands of Hukum Chand and exhorted to finish him whereupon Rais and Abdul Wahid made Hukum Chand to fall down and Khalik pierced Chhura in the stomach of Hukum Chand. Complainant raised alarm and accused Intezar s/o Anjar and one Khurshid Ahmad who were sitting at their flour mill (Chakki) rushed towards him in order to kill him. On account of fear he ran raising alarm. On his alarm witnesses Sardar Suchcha Singh, Ghanshyam Singh and many others were attracted to the scene of occurrence. All these witnesses challenged the miscreants. The miscreants ran away. The complainant went to the police station leaving his injured brother at the scene of occurrence.