- (1.) HEARD learned A.G.A. for the State and perused the judgment of the trial court and record.
(2.) THIS Government Appeal along with an application for leave to appeal has been filed against the judgment and order dated 22.7.2004 passed by Additional District and Sessions Judge, (Fast Track Court No. 1), Bhadohi at Gyanpur in S.T. No. 31 of 1989 (State Vs. Sami Ullah and others) acquitting the accused -respondents, under Section 302/34 I.P.C.
(3.) THE prosecution case in brief is that the informant who is resident of Bazar Rustam Khan (Bara), Bhadohi, District Varanasi. The informant and other persons have purchased some articles in the name of Court Bara Committee which are given on rent for marriage. Few days ago for those very articles, accused Shamiullah and Safiullah, sons of Rahmatullah who are the Pattidar of the informant had some quarrel with Hamid. The informant's brother Subukatgin who reached there and scolded, on which Safiullah started to assault on Subukatgin and told him that he would see to me. On 12.7.1987, in the night, his brother Subukatgin was sleeping in a Varandah and by his side the informant, his two sons -Noor Alam and Nasur Alam, his son -in -laws of brother Mohd. Mumtaj, informant of sister's son Pappu and the informant's servant -Shyama were also sleeping there. At about 3.00 a.m., the informant's brother Subukatgin was shot on his head. On hearing the fire shot, the informant and other persons sleeping woke up immediately and started raising alarm. The informant's servant and other persons saw in the electricity light Safiullah and Shamiullah and identified them. There were also two other persons who were chased by the brother of son -in -law of the informant's brother who had also seen them and the brother of informant's brother son -inlaw who had gone to Varanasi would tell about them. The informant and other persons immediately rushed his brother to the Doctor for medical treatment at District Hospital, Bhadohi from where he was given medical treatment and thereafter, the Doctor referred to the injured Subukatgin to Kabir Chauraha Hospital. The condition of the informant's brother is not well and he has received serious injuries and he was taken to Varanasi by his brother for proper medical treatment. The FIR of the incident was lodged on the same day at 4.30 a.m. by Mohd. Amin PW -1, brother of the deceased.;