SHAHID ALI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Dharmendra Singhal, learned counsel for the appellant and Sri J.P. Tripathi, learned AGA for the State.

(2.) This criminal appeal has been preferred against the judgment and order dated 23.2.2018 passed by Sessions Judge, Firozabad in S.T. No.290 of 2016 State of U.P. Vs. Sahid Ali arising out of case crime no.108 of 2016, u/s 302 IPC, P.S. Jasrana, district Firozabad and in S.T. No.291 of 2016 State of U.P Vs. Sahid Ali, arising out of case crime no.147 of 2016, u/s 25/27 Arms Act, P.S. Jasrana, district Firozabad convicting and sentencing the accused-appellant to undergo imprisonment for life with fine of Rs.10,000/- u/s 302 IPC in default of payment of fine 6 months rigorous imprisonment and 5 years R.I u/s 27 Arms Act with fine of Rs.5,000/- and in default of payment of fine 3 months R.I.

(3.) The prosecution case as has been set-out in the FIR by P.W.1 Gulab Ali who is the chaukidar of village Katena Sikeriya, district Firozabad in his written report to the Police Station Jasrana narrated that on 17.3.2016, the marriage of the daughter of Nizamuddin of his village was being solemnized. The deceased Ishfaq Ali and co-accused Shahid Ali along with other relatives were invited in the marriage. In the evening at about 15.30 p.m on 17.3.2016 when the marriage ceremony was going on, the accused Shahid Ali opened fire at Ishfaq Ali with an intention to cause his death which hit him on his neck through and through and Ishfaq Ali succumbed to his injuries on the spot. It was stated that there was previous enmity between the two and at that moment there were many people present at the spot who have seen the incident. On the basis of the written report lodged by the said Chaukidar Gulab Ali, FIR was registered against the accused Shahid Ali which was registered as Case Crime No.108 of 2016 u/s 302 IPC at P.S. Jasrana, district Firozabad. The FIR has been proved as Ext. Ka-13. Entry regarding FIR was made in the G.D. Rapat No.34 Ext.Ka-4 on dated 17.3.2016 at 17.05 hours at the said police station. Lokendra Pal Singh, P.W.10 was the Station Officer of the Police Station Jasrana, district Firozabad took the investigation of the said case on the same day and he went to the spot with his official Jeep with the driver and other police personnel. After reaching to the spot, he conducted inquest on the dead-body of the deceased and he prepared the inquest report Ext.Ka-7. He prepared the site-plan Ext.Ka-5 of the place of occurrence along with Challanash Ext.Ka-8, Photonash Ext.Ka-9, report Ext.Ka-10 to the Pratisar Nirikshak/R.I. And letter to C.M.O Ext.Ka-11. After preparing the inquest report, the dead-body of the deceased was sealed and sent to district hospital for conducting post-mortem examination through the police constable The post-mortem on the dead-body of the deceased Ishfaq Ali was conducted by the Medical Officer Dr. Nitin Jaggi on 18.3.2016. During the course of investigation, the statement of the accused was recorded in jail by the Investigating Officer who confessed his guilt and admitted that he had committed the murder of Ishfaq Ali by opening fire and he had hidden the used fire-arm under the bush/shrubs existed in the field of Devidas in the jungle of Fatehpur Katena Sikeriya. On the disclosure, the I.O proceeded to the said place with the accused while he was in custody along with other police personnel after taking him on police remand. On the pointing out of the accused, the Investigating Officer along with other witnesses reached to the shrubs where accused searched out the used fire-arm with empty cartridge and provided to the Investigating Officer admitting this was the fire-arm which he used in committing the murder of deceased Ishfaq Ali. The said recovery was made by the accused on police remand on 8.4.2016 after obtaining order from the Magistrate on 6.4.2016.