ZAFAR ALIAS BUDHU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant is one Zafar alias Budhu who has preferred this appeal against the judgment and order dated 25-11-1981 passed by Sri C. L. Anand, the then IIIrd Additional Sessions Judge, Gorakhpur in Sessions Trial No. 583 of 1980. He has been convicted under S. 302, I.P.C. for the murder of Hidayat Hussain and sentenced to life imprisonment.

(2.) The broad features of the prosecution case as per the First Information Report and the evidence adduced in the Court may be noted. The incident took place on 28-6-1980 at about 8 a.m. in Mohalla Buxipur P. S. Kotwali, District Gorakhpur. The report was made by the deceased's-father Mohd. Husain P.W. 1 the same day at 9.15 a.m. in which accused-appellant was named. Deceased-Hidayat Hussain was married to Nasim sister of Nanhe son of Nabidad Khan. Nanhe's daughter Rukhsana was married to accused-appellant. The accused-appellant used to maltreat his wife by harassing and beating her. About 8 months ago, he gave a beating to his wife, who left his house to live with her parents. The accused-appellant wanted his wife to return to his house, but she was not willing to come to his house at any cost. Deceased-Hidayat Hussain used to help his brother-in-law (SALA) Nanhe. The accused-appellant suspected illicit relations between his wife and deceased. He used to ask the deceased to get out of his way. About 7-8 days before the incident, there had taken place a verbal altercation between the two and the accused-appellant had threatened the deceased with death. On the day of occurrence, in the morning, Hidayat Hussain with his son Aizaz had gone to the house of his in-laws and thereafter was proceeding to the butcher's shop with his son to purchase meat. It was the day of Shabebarat. When the deceased with his son reached near the house of Sidhu, the accused-appellant arrived there with a countrymade pistol and fired on him. Many persons present at the shop including the son of the deceased who was accompanying him saw the occurrence. The accused-appellant was challenged and the persons nearby tried to overpower him. He, however, took out the fired empty cartridges and reloaded his pistol. He warned the persons around not to risk their lives. Thereafter he made his escape good. On receiving information through one Pappu, the informant, Mohd. Hussain P.W. 1 reached the spot which was near Achchan's butchery shop and found his son lying dead. He lodged the First Information Report. A case under S. 302, I.P.C. was registered and investigation followed as usual. It was started by S.I. Basant Lal P.W. 6 and was concluded by S.I. Brij Lal Singh P.W. 7. The dead body of the deceased was subjected to post-mortem which was conducted by Dr. I. P. Singh P.W. 5 on 28-6-1980 at 4 p.m. The deceased was aged about 26 years and following ante-mortem injuries had been found on his person : 1. Gunshot wound 1-1/2" x 1/2" cavity deep on the right middle back 9" below the root of the neck and adjacent to the midline. Margins black, contused and inverted (wound of entry). 2. Gunshot wound 1/2" x 4/10" x cavity deep on the chest 2" inner to right nipple margins black, everted, contused wound of exist 6 pellets recovered underneath this injury.

(3.) The injuries were caused by fire arm. One cock wadding was also recovered from the dead body.