Ramesh Sinha - (1.) The present criminal appeal has been preferred against the judgment and order dated 23.5.1985, passed by IInd Additional Sessions Judge, Allahabad in S.T. No. 354 of 1981 convicting and sentencing the appellant Rais Ahmad to life imprisonment under section 302/34 I.P.C. and appellant Anwar Ahmad @ Nirala to life imprisonment under section 302 I.P.C.
(2.) The present appeal has been filed by two accused-appellants out of which appellant no. 1 Rais Ahmad died during the pendency of appeal and the appeal on his behalf has already been ordered to be abated by Co-ordinate Bench of this Court vide order dated 1.4.2019 and the present appeal survives with respect to appellant no. 2, namely, Anwar Ahmad @ Nirale only, hence the Court proceeds to adjudicate the aforesaid appeal with respect to the said appellant.
(3.) The prosecution case in the nutshell is that the informant-P.W. 1 Nabi Ahmad, who is resident of village Boonda, police station Sarai Aquil, Allahabad on 24.2.1981 lodged a written report at police station Sarai Aquil stating that on 23.2.1981 at about 9:30 a.m. at his tubewell a quarrel took place between accused Rais Ahmad and his brother Rizwan Ahmad with respect to a drain (Nali) on account of which the accused started abusing the informant and his brother on which the father of the informant, namely, Ahmad Ullah slapped accused Rais Ahmad twice or thrice and asked him to go away thus the quarrel between them subsided. Accused Anwar Ahmad @ Nirale is the elder brother accused Rai Ahmad. On the date of incident, i.e., on 24.2.1981 Anwar Ahmad @ Nirale came to his house. The accused Rais Ahmad and Anwar Ahmad both armed with lathi and gun respectively arrived at the house of the informant with an intention to commit the murder of the father of the informant started abusing him. The informant came out of his house. Rais had a lathi and Anwar Ahmad had his licensee double barrel gun. The informant's father asked the accused not to abuse but the accused Rais Ahmad exhorted Anwar Ahmad to murder the informant's father. The informant proceeded to save his father. Mohammad Sayeed Ahmad-the village Pradhan, Jafarul Haq, Mushtaq Ahmad, Bhaiya Lal and other also proceeded towards Ahmad Ullah in order to save him but Anwar Ahmad @ Nirale fired shot at him at about 11:30 a.m. causing his instantaneous death. When the witnesses approached, the accused fled away.;