ALI BUX Vs. STATE

JUDGEMENT

(1.) The appeal has been filed against the impugned judgement and order dated 13.10.2006 passed by Additional Sessions Judge/Fast Track Court No. 2, Jalaun at Orai in S.T. No. 183 of 2005 (State Vs. Ali Bux), Case Crime No. 323 of 2006 under Section 304 IPC with S.T. No. 184 of 2005 (State Vs. Ali Bux) Case Crime No. 366 of 2005 under Section 4/25 Arms Act, Police Station- Konch, District- Orai, by which the sole accused-appellant has been convicted for the offences under Section 304(I) of IPC and Section 4/25 Arms Act and has been sentenced with life imprisonment and fine of Rs. 5,000/- under Section 304(I) IPC and with rigorous imprisonment for a period of one year and fine of Rs. 1,000/- under Section 4/25 Arms Act and in case of default in payment of fine, the appellant will undergo simple imprisonment for an additional period of six months.

(2.) The brief facts relating to the case are that, Smt. Nazma wife of Ajmeri lodged a FIR at 8.30 p.m. on 19.07.2005 at Police Station- Konch, District -Jalaun with the allegations that "today her husband came to his fruit shop in sabzi mandi along with first informant, her daughter and her brother Anwar and Bali; that at about 11.30 a.m. her brother-in-law (devar) Ali Bux arrived at the shop and asked her husband for payment of Rs. 20,000/- towards the balance sale consideration of his house, purchased from him by Ajmeri, following which there was a quarrel between Ali Bux and Ajmeri and Ali Bux hit on head of Ajmeri with banka, resulting in grievous injury to her husband and he was immediately taken to Government Hospital, CHC, Konch from where he was referred to Gwalior and on way to Gwalior, he succumbed to the injuries, that due to terror of Ali Bux the market closed down and no one is coming to stand as witness.

(3.) During investigation, the accused was arrested and on his pointing banka (the weapon of the crime in question) was recovered on 07.09.2005, during police custody remand. Upon recovery of banka, FIR was lodged against him by K.K. Bajpayee, SSI at Case Crime No. 366 of 2005 under Section 4/25 IPC. Upon investigation, in two criminal cases, chargesheets were submitted in Case Crime No. 323 of 2005 as well as 366 of 2005 and both the cases were committed to sessions and registered as S.T. No. 183 of 2005 & 184 of 2005 respectively. The learned Additional Sessions Judge framed charges against the accused under Section 304 IPC and Section 4/25 IPC to which the accused denied and demanded trial. The two sessions trial proceeded together.