IQBAL KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal arises out of impugned judgement and order dated 03.12.2008 passed by Additional District and Sessions Judge/F.T.C., Court No. 1, Ghazipur in Sessions Trial No. 36 of 2007 (State Vs. Iqbal Khan and Anr.), convicting the accused-appellant under Sections 307/34 and 302/34 of I.P.C. and sentencing him to undergo under Section 307/34 of I.P.C. four years rigorous imprisonment and a fine of Rs. 4,000/-, in case of default thereof, one year additional imprisonment and under Section 302/34 of I.P.C., imprisonment for life and a fine of Rs. 16,000/-, in default thereof, one year additional imprisonment.

(2.) As per prosecution case, deceased Aurangzeb Khan, aged about 23 years was having an illicit relation with the second wife of accused-appellant Iqbal Khan as a result of which, on 25.04.2006 at about 9:00 P.M., accused-appellant Iqbal and the acquitted accused Imran Khan committed murder of the deceased by a country made pistol. It is said that on 25.04.2006 at 9:00 P.M., deceased Aurangzeb Khan was playing a game, known in the village as 'dominus' along with his friends. Accused-appellant reached there and caused firearm injury to the deceased on his back resulting his instantaneous death. Firearm injury was also sustained by PW-2 Mohd. Aasif Khan, who was sitting along with the deceased but the said injured witness has not supported the prosecution case. The incident has been witnessed by PW-3 Hasina Khatoon, mother of the deceased, who came out from her house to call the deceased for a dinner. At the instance of PW-3, at 10:00 P.M., on the basis of written report Ex.Ka.1., F.I.R. Ex.Ka.2 was registered against the appellant Iqbal Khan, acquitted accused Imran Khan and two other persons under Sections 307 and 302 of IPC. After preparing inquest, body was sent for postmortem, which was conducted by PW-7 Dr. Anil Kumar on 26.04.2006 vide Ex.Ka.6.

(3.) As per Autopsy Surgeon, following injuries have been found on the body of the deceased: