PRABHAT CHANDRA TRIPATHI,J. - (1.) We have heard Sri I.K. Chaturvedi and Sri Rakesh Kumar Shukla, learned counsel for the sole appellant-Abdul Azad and Sri Ajit Ray, learned A.G.A. for the State-respondent.
(2.) This criminal appeal has been preferred by the sole appellant Abdul Azad against the judgment and order of the then Additional Sessions Judge, Fast Track Court, Jhansi dated 19.4.2008 in Sessions Trial No. 181 of 2007 arising out of Case Crime No. 207 of 2007, under Section 302 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Nawabad, District Jhansi and in Sessions Trial No. 182 of 2007 arising out of Case Crime No. 317 of 2007, under Section 25/27 Arms Act, Police Station Nawabad, District Jhansi convicting the appellant Abdul Azad under Section 302 I.P.C. and sentencing him to undergo for life imprisonment and also convicting him under Section 25 Arms Act and sentencing him to undergo simple imprisonment for two years and also imposed fine of Rs. 1,000/-. In case of default of payment of fine, one month simple imprisonment was awarded. All the sentences would run concurrently and it was also ordered under Section 428 of The Code of Criminal Procedure, 1973 that the period of detention undergone by the accused to be set off against the sentence of imprisonment.
(3.) The written F.I.R. in Hindi Vernacular is enumerated as below:- The applicant Dolly daughter of Abdul Aziz, resident of 938 Jhokan Bagh, Police Station Nawabad, District Jhansi moved a written First Information Report dated 20.2.2007 before the Inspector Incharge Police Station Nawabad, District Jhansi on 20.2.2007 at about 12.20 P.M. that on that day i.e. 20.2.2007 a mild altercation took place between her mother Smt. Hajjan Shakila Bano wife of Abdul Aziz @ Mallu and her stepsister-in-law (Bhabhi) Farzana wife of Azad with regard to 'give and take' of 'Ring and Mangalsutra' of marriage. Her sister-in-law (Bhabhi) had taken back both the Rings from her mother which were gifted in the marriage to her mother then her mother also had taken back Mangalsutra which was given by her mother. On this count, her sister-in-law (Bhabhi) Farzana approached her brother Azad in weeping condition at about 11.15 hours in the day. Thereafter, his brother Azad with intention to kill her mother, who was working in the kitchen, fired at her with country made pistol. Her injured mother was taken away to the hospital by inmates of the house and neighbours. The informant Dolly, her mother and family of her stepbrother Azad used to reside in the upper and lower portions of the same house. Report may be lodged and necessary action may be taken. ;