MOHAMMAD RAFIQ J. - (1.) THIS appeal is directed against the judgment dated 31/05/2004 passed by learned Additional District and Sessions Judge (Fast Track Kama in Sessions Case No.13/2003 whereby, accused appellant has been convicted for offence under Section 302 IPC and has been sentenced to life imprisonment with fine of Rs.500/ and in default of paying fine, he was required to further undergo simple imprisonment of one moth.
(2.) BRIEF facts of the case are that a written report was submitted by one Islam vide Exb.P/1 on 15/03/2003 to SHO Police Station Kama alleging that at 2.30 p.m. on that day, his father was smoking hukka on 'chabutara' outside their house. Niyajuddin S/o Barkat Mev Dhana came there with revolver. While his father was filling tobacco in hukka, he fired at Himmat Singh from behind. Majlis S/o Barkat and Ansar S/o Jormal were also there with the accused. His father died on the spot. His brother Rajjak, who was giving 'bath' to his buffalo, came there after hearing sound of fire. Wahid, Shahid S/o Jormal, Mormal S/o Sirdar and accused appellant ran from the place of incident. Some of the villagers also witnessed the incident. On the basis of the said written report, a regular first information report was chalked out vide FIR No.710/2003 for offence u/Ss.147, 148 and 302 IPC and the police started investigation. During the course of investigation, accused appellant was arrested. The police filed challan only against the accused appellant for the aforesaid offence. After commital of the case, the trial court framed the charge against the accused appellant for the aforesaid offence, which he denied and claimed to be tried. Prosecution produced eleven witnesses and exhibited thirteen documents. Defence produced two witnesses and exhibited five documents. Trial court convicted and sentenced the accused appellant in the manner indicated above. Hence, the appeal.
(3.) WE have heard Shri Jainendra Jain, learned counsel for accused appellant and Shri Javed Choudhary, learned Public Prosecutor for the State.;