JUDGMENT :

Pradeep Kumar Srivastava, J.

1. Heard Sri Rajesh Kumar Singh, learned Amicus Curiae appearing on behalf of appellant, Sri Ajit Ray, learned AGA for the State of UP and perused the record.

2. This Criminal Appeal has been filed against the judgment and order dated 26.08.1996, passed by Ist Additional Sessions Judge, Kanpur Nagar, in Sessions Trial No. 356 of 1994, arising out of Case Crime No. 50 of 1994, under Section 302 IPC, Police Station Bajaria, District Kanpur Nagar, whereby the accused-appellant Mahey Alam has been convicted and sentenced for life imprisonment.

3. The prosecution story in brief is that the first information report was lodged by the informant Smt. Husnu Begum, the daughter of the deceased on 19.04.1994 at about 10:15 AM in respect of the criminal incident of same day taking place at about 09:00 AM. The father of the informant namely Rafiq @ Laddoo prevented some persons including accused from playing cards/gambling at his door, whereupon the accused-appellant Mahey Alam abused Rafiq @ Laddoo and when the deceased again objected on gambling there, the accused Mahey Alam opened fire by his pistol upon the deceased Rafiq @ Laddoo which hit him on his neck