SAJID Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal arises out of the impugned judgment and order dated 28.11.2006 passed by Sessions Judge, Meerut in Sessions Trial Nos. 557 of 2005 and 646 of 2005 (State v. Sajid), convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and a fine of Rs. 5,000/-, and further convicting the appellant under Section 25 of the Arms Act and sentencing him to undergo one year rigorous imprisonment, with a direction that both the substantive sentences shall run concurrently.

(2.) As per prosecution case, the deceased Irshad was the uncle of appellant Sajid. Both deceased and the appellant were into the business of selling of milk. However, business of the deceased was flourishing, which resulted annoyance to the appellant. On 8.5.2005 at 8:30 pm, when the deceased Irshad was returning to his house on his bicycle, accused appellant committed his murder by causing firearm injury. The deceased died instantaneously and the incident has been witnessed by (PW-1) Nasima, wife of the deceased, and (PW-2) Shahjad, brother-in-law (sala) of the deceased. Within 40 minutes, i.e. at 9:10 pm, F.I.R. Ex.Ka-14 was lodged by (PW-1) Nasima against the appellant and one unknown person under Section 302 of IPC and thereafter another FIR dated 10.5.2005 was lodged under Section 25/27 of the Arms Act.

(3.) Inquest on the dead body was conducted vide Ex.Ka-3 on 8.5.2005 and the body was sent for post-mortem, which was conducted vide Ex.Ka-2 on 9.5.2005 by (PW-3) Dr. Sompal Singh.