HASAM Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 23.04.2009 passed by Additional Sessions Judge Court No. 9, Muzaffarnagar in Sessions Trial No. 405 of 2005 (State of Uttar Pradesh Vs. Hasam and another) arising out of Case Crime No. 06 of 2005 under Section 302 Indian Penal Code (here-in-after referred to as "I.P.C."), Police Station- Chhapar, District- Muzaffarnagar whereby both the appellants Hasam and Nazam have been convicted and sentenced to imprisonment for life with a fine of Rs. 10,000/- under Section 302 I.P.C. with default stipulation.

(2.) The prosecution case in brief is that the informant Mohabbat Ali has lodged F.I.R. on 16.01.2005 at 05:15 p.m. at police station- Chhapar, District- Muzaffarnagar alleging therein that on 16.01.2005 he along with Haneef, Aladeen and his brother Ajaz (deceased) were taking off peels of the sugarcane in the field of Ajaz. At about 4:30 p.m. both the accused Hasam and Nazam came there with Tamancha (country made pistol) in their hands and said that Ajaz was the pairokar of civil case pending in the court, he must not be spared alive. Both the assailants fired with their respective weapons on Ajaz (brother of the informant) who received fire arm injuries on right side back and left eye and died on the spot. The entry was made in G.D. of police station as Report No. 24 at 17:15 hrs. on 16.01.2005 and investigation was taken up by PW-4 Virendra Singh the then posted as Station Officer at police station Chhapar.

(3.) After the registration of the F.I.R. at police station, Investigating Officer proceeded to the spot with necessary relevant papers and started investigation of the case. He directed Sub-Inspector Prem Prakash Giri (PW-5) to conduct the inquest of the deceased on spot. The inquest proceeding commenced at 6:30 p.m. and completed at 8:30 p.m. on 16.01.2005. Inquest report is exhibit Ka-6. In the inquest report opinion was expressed unanimously that deadbody be sent for postmortem examination so that cause of death could be ascertained properly. In the process certain relevant papers were prepared by PW-5 and he has prepared inquest report, photo nash exhibit Ka-7. Letter to R.I. exhibit Ka-8, letter to C.M.O. exhibit Ka-9. After conducting inquest and observing necessary formalities, the deadbody was entrusted to two constables Udai Veer Singh and Harpal Singh for postmortem examination.