KHURSHID Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Praveen Kumar Singh, learned counsel for the appellant as well as Mr. B. A. Khan, learned Additional Government Advocate for the State.

(2.) The present appeal has been directed against the judgment and order dated 30.05.2017 passed by the Additional Sessions Judge Varanasi in Sessions Trial No.549 of 2008 arising out of Case Crime No. 240 of 2008, whereby the appellants were convicted for commission of offence punishable under Section 302 of the Indian Penal Code as well as order dated 31.05.2017 passed by the Additional Sessions Judge, Varanasi, whereby the appellant was sentenced to imprisonment for life with a fine of Rs.10,000/- in default to undergo additional imprisonment for six months.

(3.) The case in brief, as setup by the prosecution, is that the complainant Naseer Ahmad son of Amir Mohammad lodged a First Information Report on 31.08.2008 at 19: 50 hours at the Police Station Adampur Sadar District Varanasi. In his first statement he stated that he had married his daughter Dilbahar with Indrish alias Nate son of Peer Mohammad, resident of A-28/32 Mohalla Chandrapura Police Station Adampur District Varanasi. There was a dispute with regard to the possession of house between his son-in-law Indrish alias Nate and with his brother Khursheed. The wife of Khursheed had oftenly said that she would not come to that house till Indrish is killed by you and she did not live in this house for this reason. Khursheed was always intending to kill his son-in-law Indrish alias Nate. Today when he was coming back to home after his work was over, the accused assaulted his son-in-law Idrish with knife by getting chance at about 7:00pm in the narrow lane of Chittanpur Mohala. The incident was witnessed by Nastayeem son of Mohd. Shavir resident of A-28/32 B.X. Chandupura Police Station Adampur, Varanasi and Naushad son of Mustaq resident of C-13/297 Aurangabad, Varanasi and other villagers of the same locality, while the deceased was rushed to the hospital and was on the way of Kabir Chaura Hospital, he died, his dead body was kept in merchary room of Kabir Chaura Hospital.