ASHFAQ Vs. STATE OF U P

JUDGEMENT

(1.) This Jail Appeal has been filed by accused-appellant-Ashfaq through Superintendent of Jail, Ghaziabad, against judgment and order dated 03.03.2015, passed by Additional District and Sessions Judge, Court No. 12, Ghaziabad in Sessions Trial No. 1468 of 2013, State Vs. Ashfaq, under Sec. 302 IPC, Case Crime No. 286 of 2013, Police Station Link Road, District Ghaziabad, convicting accused-appellant under Sec. 302 and 506 (2) Penal Code and sentencing him to undergo life imprisonment with fine of Rs. 20,000.00 and in default of payment of fine, six months additional imprisonment under Sec. 302 Penal Code and under Sec. 506(2) IPC, sentencing him to undergo 3 months rigorous imprisonment and fine of Rs. 3,000.00 and in default of payment of fine, one month additional imprisonment. Both the sentences shall run concurrently.

(2.) Factual matrix of case as emerging from First Information Report (hereinafter referred to as "FIR") as well as material placed on record is as follows.

(3.) A written report Ex.Ka-1 dated 01.07.2013 was presented in Police Station Link Road, District Ghaziabad by Informant PW-1 Mohd. Rabib, alleging that in the morning of 01.07.2013, there had an altercation between Muskan daughter of PW-3 and wife of accused Ashfaq on taking water which later on got settled. On the same fateful evening at about 8:30 p.m., PW-1 alongwith his son Jamshed (deceased) and PW-3 Qadeer was standing in front of Chiken Shop of Mamu (Mohd. Mahbubullah) PW-2, when accused-appellant came there and asked Qadeer as to why his daughter Muskan and his wife had quarreled with his wife i.e. wife of accused, and started abusing. On being intervened by victim, accused took knife out of his waist and gave repeated below of knife in the chest of victim Jamshed, who fell down on the earth. Occurrence was witnessed by Mamu and Shambhu Yadav also besides PW-1 and 3. Accused ran away from the spot by abusing and threatening. Victim sustained knife injuries and was taken to Yasoda Hospital, where he was declared dead. Written report Ex.Ka-1 was scribed by Sambhu Yadav (not examined) on the dictation of PW-1 who put his thumb impression on it and presented in Police Station concerned.