PAPPU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Both these appeals arise out of judgment and order dated 18-9-1979 passed by Sri G. S. Sharma, the then IV Addl. Sessions Judge, Moradabad, convicting the appellants under Section 307, I.P.C. in Sessions Trial No. 78 of 1979 and sentencing Pappu appellant to undergo three years' R.I. and appellant, Babbu to five years' R.I.

(2.) Shortly stated the prosecution case is that on 11-11-1978 at about 7.00 p.m. first informant Laiq Ahmad and his brother Jameer Ahmad had gone to the market in Mohalla Tabakiyan, P.S. Mughalpura, district Moradabad for making purchases on the occasion of Id. When they reached in front of the shop of appellant Babbu, Babbu suddenly came out of his shop and collided with Jameer Ahmed. A verbal duel and scuffle ensued. The first informant and scuffle ensued. The first informant and witnesses Abdul Jabbar Khan, Abdul Qayum, and Sardar Husain and others intervened. Babbu thereupon went inside the shop and returned with a pistol and suddently fired at Jameer Ahmad causing gun-shot injury in the chest of Jameer Ahmad and also to one Shabab Ali. When Jameer Ahmad caught hold of Babbu, appellant Pappu gave a blow with scissor in the head of Jameer Ahmad. P.A.C. people and police arrived on the scene of occurrence but taking advantage of crowd the miscreants were successful in running away. There was ample light in the market in which the victims and the witnesses recognized the miscreants.

(3.) Written first information report (Ex. Ka-2) was lodged by Laiq Ahmad (P.W. 1) at police station Mughalpura on 11-11-1978 at 8.30 p.m. A case under Section 307, I.P.C. was registered and after usual investigation both the appellants along with two others, namely, Chhammu alias Afzal Husain and Iqbal Husain, were charge-sheeted by the police to stand their trial under Section 307, I.P.C.