Raghvendra Kumar, J. - (1.) Heard Sri Nadeem Murtaza, learned counsel for the appellant, Sri Mridul Rakesh, Senior Counsel assisted by Sri Santosh Srivastava, learned counsel for the informant/complainant and Sri Umesh Verma, learned Additional Government Advocate for the State of U. P.
(2.) Under assail in this appeal is the judgment and order dated 6.12.2005 passed by the Additional Sessions Judge, Fast Track Court no.2, Gonda in Sessions Trial No.107 of 1998 (State v. Azam) under Section 302 of the I. P. C. arising out of Case Crime No.310 of 1996, P. S. Kotwali Balrampur Nagar, District-Gonda (at present District-Balrampur) whereby the accused-appellant Azam has been convicted for the offence u/s 302 of the I. P. C. and sentenced to undergo imprisonment for life and a fine of Rs.10,000/- with default stipulation. Being aggrieved by the aforesaid judgment and order, the instant appeal is before this Court.
(3.) Briefly stated the prosecution version is as follows :- According to the FIR lodged by the informant Sabir Ali (father of deceased Sajid Ali @ Shanu), on 3.11.1996 at about 5 pm, when his son Sajid Ali @ Shanu was having a cup of tea at the shop of one Badshah, at the same time Azam, who was sitting at the box shop of another Badshah after parking scooter besides his shop, saw the deceased from there and started abusing him. On this informant's son Sajid Ali @ Shanu intercepted him and asked him not to do so, then accused Azam took out one katta (country made pistol) from his side and discharged a fire shot upon him, which hit Sajid Ali @ Shanu as a result of which he fell down. Raju and Riaz, who were sitting on the spot, chased the accused, but the accused Azam escaped from the scene by opening fire shots leaving behind his scooter bearing registration No.U.M.B.-9448. Thereafter, Raju and Riaz took the injured Sajid Ali @ Shanu to Balrampur Hospital where he expired and the doctor declared him dead.;