IQBAL Vs. STATE

JUDGEMENT

(1.) This Jail Appeal has been filed by accused-appellant-Iqbal through Superintendent of Jail Meerut against common judgement and order dated 19.03.2010 passed by Additional Sessions Judge, Court No. 14, Meerut, in Sessions Trial No. 1000 of 2006 (State v. Iqbal) under Section 302 IPC, Police Station, Jani, District Meerut and Sessions Trial No. 296 of 2007 (State v. Iqbal), under Section 25 Arms Act, Police Station Jani, District Meerut, convicting accused-appellant-Iqbal and sentencing him to undergo life imprisonment under Section 302 IPC and fine of Rs. 10,000/- but acquitted accused-appellant under Section 25 Arms Act in Sessions Trial No. 296 of 2007 (State v. Iqbal), Police Station, Jani, District Meerut.

(2.) Factual matrix of case as emerging from First Information Report (hereinafter referred to as "FIR") as well as material placed on record is as follows.

(3.) A written report, Ex.Ka-1, dated 20.05.2006 was presented in Police Station Jani, District Meerut by Informant PW-1, Fakeera, alleging that on 20.05.2006 at about 6:00 a.m., his real brother / victim-Sabir was returning after attending natural call (latrine). When accused-Iqbal met victim, near canal, and told him that he always hinders his work and opened fire of Tamancha on the victim with intention to kill. Hearing the noise of fire, PW-1 and Raheesuddin and Jameel rushed to spot, whereupon, accused ran away waving the Tamancha, from the spot. Victim was taken to Subharti Hospital with the help of villagers. Incident was witnessed by PW-1, Raheesuddin and Jameel, who were going to natural call.