S.C.CHAURASIA, J. - (1.) THIS appeal has been preferred against the impugned judgment and order dated 16.12.2003 passed by the learned Additional Sessions Judge/F.T.C.-No. IV, Sultanpur, in Sessions Trial Nos. 306 of 2002, 307 of 2002 and 308 of 2002, State v. Ansar, whereby, he convicted the accused, Ansar Ahmad, under sections 302 I.P.C., 3/25 Arms Act, and 4/25 Arms Act, respectively, and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- under section 302 I.P.C. and in default of payment of fine, further undergo one year simple imprisonment, One year rigorous imprisonment and to pay a fine of Rs. 1,000/- under section 3/25 Arms Act and in default of payment of fine, further undergo one month's simple imprisonment and one year.rigorous imprisonment and to pay a fine of Rs. 1,000/- under section 4/25 Arms Act and in default of payment of fine, further undergo one month's simple imprisonment. However, the accused was acquitted under section 504 I.P.C.
(2.) THE prosecution case, in brief, is that the informant, Sri Zuher Ahmad, lodged the F.I.R. on 30.5.2002, at 04.10 A.M., at Police Station-Dhammaur, district- Sultanpur, with the allegations that there were secret differences between his cousin brother, Mukeem Ahmad and neighbour, Ansar Ahmad, in connection with his illicit relationship with the wife of Ansar Ahmad. In the intervening night between 29th & 30th May, 2002, Mukeem Ahmad was sleeping in the OSARE of his house. His father Mohd. Haneef and some other members, of the family were also sleeping near him. THEre was electric light. At about 00.30 A.M., on account of said differences, Ansar Ahmad armed with knife and hurling abuses, reached at the house of Mukeem Ahmad. On hearing abuses, they awakened and saw that Ansar Ahmad inflicted knife blow on the chest of Mukeem. Ahmad with the intention of causing his death. On hearing their hue and cry, Mohd. Taufiq, Naseem, Zameel Ahmad and other persons of the village reached at the spot. Mohd. Haneef, father of Mukeem Ahmad, caught hold of Ansar Ahmad. Ansar Ahmad took out country made pistol and opened fire on Mohd. Haneef with the intention of causing his death. He sustained injury on his abdomen and fell down near drain. When they tried to apprehend Ansar Ahmad, he pointed out country made pistol towards them and threatened to kill and set fire in the house. When other persons of the village came at the spot and tried to move forward, he opened fire in the air and threatened to kill them. It created terror in the village. When some peace was restored, taking risk of life, they caught hold of Ansar Ahmad from behind after using necessary force, along with knife, country made pistol, cartridge and fired cartridge. Mukeem Ahmad died at the spot. Ansar Ahmad was given in the 'Su- purdigi of villagers and they carried the injured Mohd. Haneef to the district hospital, Sultanpur. He succumbed to his injuries there. On the basis of F.I.R., the case was registered against the accused, Ansar Ahmad under sections 302/504 I.P.C. THE investigation was conducted by the then S.O., Sri Jitendra Singh. After registration of the case, Sri Jitendra Singh, Investigating Officer, recorded the statements of the complainant, Zuber Ahmad and Constable-Clerk, Shiv Murti Singh and thereafter, proceeded to the place of occurrence along with other police personnel and reached there at about 06.20 A.M. On the direction of the Investigating Officer, Sri Naimuddin, S.I., prepared the inquest report of the dead body of the deceased, Mukeem Ahmad and other relevant papers and after completing legal formalities, he sealed the dead body of the deceased, Mukeem Ahmad and sent the same for conducting postmortem. Sri Jitendra Singh, Investigating Officer, recorded the statement of Ansar Ahmad, who was in the custody of villagers. On conducting search of the accused in the presence of witnesses, Abdul Rauf and Ishtiyaq Ahmad, one country-made pistol .12 bore and one live cartridge .12 Bore and one fired cartridge .12 bore, from the chamber of country-made pistol, were recovered. He disclosed that the recovered country made pistol was used in the commission of murder of Mohd. Haneef. The accused also handed over one knife to the Investigating Officer and disclosed that he had committed murder of Mukeem Ahmad by the said knife. The recovery memo was prepared on the spot and after completing legal formalities, recovered articles were sealed separately, and the accused was taken into police custody. Some letters were also recovered from the possession of accused and the recovery memo was prepared on the spot, in the presence of witnesses. The Investigating Officer, inspected the place of occurrence and prepared the site plan. He also recovered one fired cartridge and blood stained soil from the place of occurrence, in the presence of witnesses and recovery memos were pre- pared and the same were sealed separately. He also recorded statements of other witnesses. Thereafter, he resumed to the police station and handed over the accused and deposited recovered articles there vide G.D. report No. 16 at 15.15 hours dated 30.5.2002. On the basis of recovery memo, the case under sections 3/25 and 4/25 of the Arms Act, was also registered against the accused.
(3.) THE death memo of Mohd. Haneef, who had expired on 30.5.2002, at about 01.50 a.m., at the district hospital, Sultanpur, was sent by the Medical Officer to the Inspector Incharge, Kotwali Nagar, Sultanpur. THE said information was recorded at G.D. Report No. 3 at 03.10 A.M. dated 30.5.2002, at Police Station-Kotwali Nagar, Sultanpur. THEreafter, S.I., R.K. Singh Yadav, proceeded to mortuary at the district hospital, Sultanpur, and reached there on 30.5.2002 at about 12.20 p.m. He prepared the Inquest Report of the dead body of the deceased, Mohd. Haneef and other relevant papers. After completing legal formalities, he sealed the dead body of the deceased and sent the same for conducting post-mortem. Dr. S.K. Goyal, conducted postmortem of the dead body of the deceased, Mukeem Ahmad on 30.5.2002 at 02.10 p.m. On external examination, he found that the age of the deceased was about 20 years and his death was caused about half day. hack. The rigor-mortis was present in all four limbs. He had found the following Ante- mortem injuries on his person:- 1. Incise wound over left side of chest wall 7 cm. below left nipple measuring 4 cm. x 1.5 cm. x cavity deep. 2. Incise wound over left wrist joint below left thumb measuring 1 cm. x 0.6 cm x muscle deep. On internal examination, Dr. S.K. Goyal, found that left plaura was torn and lacerated and left pleural cavity was full of blood. Left lung was torn and lacerated and peritoneum was also lacerated. Both chambers of heart were empty. He opined that his death was caused due to shock and haemorrhage as a result of ante-mortein injury No. 1.;