ANEES @ RAIS Vs. STATE

JUDGEMENT

(1.) The present jail appeal has been preferred by the appellant Anees @ Rais against the judgment and order dated 30.4.2011 passed by Additional Sessions Judge, Court No. 8, Aligarh in ST No. 986 of 2005, State Vs. Anees @ Raees in Crime No. 132 of 2005 under section 302 IPC, police station Dehli Gate, district Aligarh by which accused appellant Anees @ Rais has been convicted under section 302 IPC and is sentenced for the life imprisonment with fine of Rs. 5000/- and in default of payment of fine, he will undergo additional imprisonment for six months.

(2.) Facts giving rise to this appeal are as under:

(3.) Jameel complainant lodged an FIR at police station, Dehli Gate on 26.5.2005 at 22:10 O'Clock with the facts that he is resident of Gosht Wali Gali, Mahfooznagar, police station Dehli Gate, Distrcit Aligarh. His younger brother Munees aged about 20 years was a rikshwa puller and used to reside with the complainant. On 26.5.2005 complainant Jameel, his younger brother and neighbor Rajuddin went to Mohalla Shahganj to purchase a rikshaw from the sister of Rajuddin. After seeing the Rikshaw when these three persons were coming back to their home then they found Anees in mohalla Shahganj standing in front of the house of Barkat. Seeing Munees, Anees said "I have forbidden you so many times not to visit the house of my step mother but you are not stopping to come." On it Munees asked "who are you to check me. I will visit to the residence of your step mother." On it Anees took out a country made pistol and fired at Munees which hit on the right lower abdomen of Munees at about 8:15 pm. Being injured Munees fell down in the lane. Anees threatened the complainant and his accompanied persons and ran away. Complainant took his brother to Malkhan Singh hospital, Aligarh for treatment where the doctors declared Munees to be brought dead. The dead body of Munees is lying in the hospital and he had come to lodge the report.