SABIR BEG Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned AGA for the State.

(2.) The present appeal has been preferred against the judgement of conviction and order of sentence dated 30.08.2005 passed by learned Additional Sessions Judge/Special Judge (Essential Commodities Act), Badaun in Sessions Trial No. 163 of 1994 (State Vs. Sabir Beg and another) whereby convicting the appellant under Section 302 read with Section 34 IPC and sentencing him to undergo life imprisonment.

(3.) As per prosecution case, FIR was lodged by one Sabir Khan P.W.-1, nephew of the deceased, on 08.11.1992 at about 230 hours at Police Station Bisauli, District Badaun with regard to the incident which took place on 08.11.1992 at about 5.30 P.M. with the averments that when he along with his uncle Ahmad Nabi Khan @ Sher Khan was returning from graveyard after attending the funeral of one Mukaddas Beg at about 5.30 P.M. on 08.11.1992 and when they reached near the house of one Shamshad Khan of the village, the appellant- Sabir Beg met the deceased and stated that he is spreading rumour against his business, which is adversely affecting his business, on account of which, some altercation took place between them and the appellant ran towards his house and brought a country made pistol along with his father namely, Nabban Beg, who had 12 bore single barrel gun and both of them fired upon the deceased on account of which, he sustained injuries in his abdomen and fell down. It is further averred that when alarm was raised by the first informant, the persons of the village, who were returning from the funeral ceremony came and exhorted the appellant and his father (co-accused) and tried to snatch away the gun, whereupon the co-accused Nabban tried to re-load his gun but the persons collected snatched away the gun from his hand, however, the appellant and his father fled away. After making arrangement for transportation, the injured was being taken to hospital but on the way to hospital, he died near Dabtori Morh, Qasba Bisauli. With regard to the incident, a report was written by Afzal Khan (PW-2) on the dictation of first informant Sabir Khan (PW-1) which was given at the concerned Police Station and the snatched gun was also handed over to the police. Upon aforesaid averments F.I.R. in Case Crime No. 714 of 1992 under Sections 302/504 I.P.C., Case Crime No. 715 of 1992 under Section 25/27 Arms Act and Case Crime No. 716 of 1992 under Sections 30 Arms Act was lodged at Police Station Bisauli, District Badaun.