ASIF Vs. STATE OF U.P.

JUDGEMENT

(1.) By this criminal appeal, under section 374(2) Cr.P.C. the appellant-accused, Asif, challenged the impugned judgment and order dated 06.01.2007 passed by Special Judge, Badaun in S.T. No. 931 of 2006 (State Versus Asif) the appellant who face alleged commission of offences under Section 302 of I.P.C. and was sentenced to imprisonment of life and to pay a fine of Rs. 5000/- in default two month imprisonment.

(2.) The prosecution version unfolded by complainant-Pappu. On 3rd May, 2005, the deceased-Mukkaram accompanied with complainant-Pappu went to village Bhavanipur Khalli which was his in-laws home. When complainant Pappu and Mukarram with Mukkadis were going to meet Pradhan Akram in the meanwhile at 8:30 pm, accused Bitton, Asif and Musahid catching hold the Mukkaram and forcibly take away and abusing. Complainant intervened and asked them why they are dragging him then accused told him that Mukkaram has taken their country-made pistol. During altercation, several villagers gathered at the baithak of Pradhan-Akram. Then Pradhan-Akram asked what is the matter. Then accused told him that Mukkaram is in possession of his country-made pistol but the deceased-Mukkarram denied the allegation inflicted upon him. Complainant-Pappu, deceased-Mukkaram along with accused as well as Pradahan-Akram gathered at the roof of Pradhan's house for compromise between deceased-Mukarram and accused-Asif. During the altercation on the pretext of returning the country-made pistol to appellant-Asif, at 9.00 pm, appellant-Asif shot Mukkaram. Due to gunshot injury, Mukkaram died on the spot at the roof of Pradhan-Akaram's house and appellant-accused-Asif left his country-made pistol at the roof of Pradhan-Akram. Dead body of deceased was lying at the roof of Pradhan's house.

(3.) F.I.R. of this case was lodged by complainant at 11 P.M. at Police Station-Sahaswan, District Budaun and the distance between the place of incident and Police Station is about 10 Kilometers. On the basis of written report Exhibit KA-1 an F.I.R. Exhibit KA-14 was lodged against the appellant-accused alongwith Betton and Musahir under Sections 302 I.P.C. After lodging the F.I.R., police rushed to the spot and panchnama was prepared by police and dead body was sealed on the spot and send for autopsy. Police had also recovered country made pistol and empty cartridge from the spot and prepared recovery memo Exhibit KA-10 and also prepared recovery memo of blood stains and plain earth Exhibit KA-9. Police had also taken custody of lantern and supurdiginama Exhibit KA-11.