ABDUL SABOOT Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal assails the judgment and order dated 8.10.2003 passed by Addl. District and Sessions Judge (Fast Track Court No.4), Kanpur Nagar, in S.T. No.682 of 2000, convicting and sentencing the appellant under Section 302 IPC to life with fine of Rs.20,000/- and a default sentence of 6 months, and in S.T. No. 683 of 2000, under Section 25/27 Arms Act to 3 years R.I. Both the sentences were to run concurrently. The prosecution case in a nutshell is that PW-1 / the informant along with his father (victim) and brother Rehan (PW-2) left on 6.12.1999 at about 10:30 A.M, for Civil Courts, Kanpur Nagar. When they reached near Bhalla Medical store, a passerby called out for "Tausif" (victim), who stopped for a while, followed by firearm shot by that passerby at the victim, who was nabbed by a patrolling S.I, Anshu Mali (PW-3) and Constable Ram Swarup Yadav. The assailant disclosed his name as Abdul Saboot @ Bhaiya resident of Chamanganj. Two counrymade pistols, several cartridges and a bomb was recovered from the nabbed accused. PW-1 alleged that his grandfather, i.e, Sultan and his paternal brother Nafees were murdered 6-7 years ago by Shakil @ Munna, Viqar, Nyamul Raza, Shamim @ Chhote, Munna, Hamid, Atiq and Rasheed, in which two accused namely Shakil @ Munna and Viqar were sentenced to life imprisonment 3 months prior to the occurrence and the rest accused were absconding. PW-1 alleged that above named persons had hired the appellant / assasin to kill his father as he used to do pairavi in the murder case of the grandfather in the High Court.

(2.) On above allegations, a written report (Exbt. Ka-1) was scribed, which became a basis for registering an FIR as Case Crime no. 691 of 1999 under Sections 302/120-B IPC on 6.12.1999 at 11 A.M at the P.S, concerned.

(3.) PW-3, the incharge at the P.S, was on patrolling duty on 6.12.1999, came across Constable Ram Swarup around 10:10 A.M. When they reached near Agrawal medical store, they heard the sound of firearm and shrieks, they got alerted to find that a person lay dead at the triangular crossing near Bhalla Medical Store while the other flaunting a weapon (countrymade pistol) was on the run, eventually nabbed around 10:30 A.M. The arrested person disclosed his name as Abdul Saboot @ Bhaiya, resident of P.S. Chamanganj, Kanpur Nagar. He confessed to have murdered the deceased on the instructions of one Nyamul Raza. PW-3 stated that PW's 1 and 2 also identified the accused-appellant. He recovered a countrymade pistol (315 bore) in running condition, with a 10 finger barrel and a butt measuring about 7 fingers. He upon opening the firearm found that a cartridge had been fired and an empty stuck in the barrel. He also noticed smell of gunpowder. He recovered another countrymade pistol (12 bore) almost of the same dimension along with three live cartridges of 315 bore, two live cartridges (12 bore), along with a boot polish box with the marking "Kiwi" shoe polish, which according to the accused was a bomb which was defused by pouring water. All the recoveries were duly sealed, a memo (Exbt. Ka-3) prepared under his signatures. The arrest and recoveries were authenticated by PW's.