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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA DHARI SINGH
Abdul Hameed – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Chandra Dhari Singh, J.
FACTUAL MATRIX
Occurrence of the Offence and FIR Lodging
1. On 13.08.2011, at approximately 08:15 AM, an incident occurred in Village Girdharpur, Police Station Devrania, District Bareilly, Uttar Pradesh, leading to the lodging of FIR No. 647/2011 under Sections 302, 307, 323, and 504 the INDIAN PENAL CODE , 1860 (hereinafter “IPC”). The FIR was lodged by the informant, Firoz, alleging that the accused persons, including Abdul Hameed (applicant herein), along with one Javed Anwar, Anwar Jameer, and Babu, armed with licensed pistols, attacked the informant and his family members. The FIR alleged that the accused fired indiscriminately, resulting in the death of Guddu @ Zakir Husain, the informant’s uncle, who succumbed to a gunshot injury. The motive was attributed to prior animosity arising from Zila Panchayat elections and contractual disputes. The deceased was declared dead at Shri Ram Murti Hospital, and the postmortem conducted on 13.08.2011 revealed a single bullet injury with entry and exit wounds.
Investigation and Charge Sheet
2. The investigation was conducted by the police, and the charge sheet was filed on 07.11.2011 under Sections 302, 307
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