Rahisuddin vs State on 19 May, 2016

2. At the outset we may note that the co-accused Shahabuddin @
Shambu was acquitted by the learned Trial Judge and the State has not
preferred an appeal against the said acquittal.

Crl.A.No.878/2001 Page 1 of 12
3. The facts germane to the adjudication of the present appeal lie
within a narrow compass and may be taken note of pithily to avoid
prolixity, while eschewing unnecessary reference to the
circumstances/evidence emerging qua the acquitted co-accused.
4. On the night of December 13, 1997 at around 10:00 PM Nem Pal
@ Khattal (hereinafter referred as the ‘deceased’) was in the company of
six-seven boys near Secondary School, Dayalpur on the main Karawal
Nagar Road. He was sitting on a black Yezdi motorcycle bearing
registration No.DL-7SC-7954 Ex.P-4, whereas, the other boys were
standing in front of him. The present appellant, who was amongst the
group of boys, is stated to have suddenly fired a shot at the deceased
using a ‘katta’. Upon suffering the gun shot, the deceased rushed towards
the co-accused Shahabuddin @ Shambu; who was also part of the said
group. The co-accused Shahabuddin @ Shambu is stated to have slapped
the deceased and pushed him away. All the boys, including the appellant
and the co-accused fled from the spot leaving behind Nem Pal in an
injured condition.

Source: Indian Kanoon

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