KATAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two appeals by special leave are directed against the judgment of the High Court of Judicature at Allahabad dismissing two appeals filed by the appellant against his conviction by the learned Sessions Judge, Muzaffarnagar, under Sections 302 and 394, I. P. C., in one case, and under Section 25(1)(a) of the Arms Act, in the other case.

(2.) The prosecution case is briefly as follows: Three persons, Mukhtar Ahmed, his father Nazir Ahmed and the deceased, Abdul Majid, were, on the evening of November 23, 1967 returning from the penth of Banat where they have sold some cattle. They were riding on cycle. Abdul Majid, deceased, was driving it, Mukhtar Ahmed was situing on the cross-bar while Nazir Ahmed was sitting on the carrier. When they reached the place of incident, a culvert, they were challenged by the appellant who asked them to get down. Mukhatar Ahmed flashed the torch which he had with him and saw the appellant who was armed with a pistol. On the demand of the appellant, Mukhtar Ahmed handed over the sum of Rs. 4/- which he had with him to the appellant. When the appellant turned to Nazir Ahmed and asked to hand over whatever he had, Abdul Majid told Nazir Ahmed that he should not hand over the money. Saying so, Abdul Maljd advanced towards the appellant who thereupon fired his pistol at Abdul Majid who fell down on being hit. Mukhtar Ahmed and his father then ran towards the adjacent village, Chorani, raising an alram. They brought a chowkidar and five other men from that village When they returned to the spot they found Abdul Majid dead. The cycle which they had left at the spot was missing. Mukhtar Ahmed, accompanied by the chowkidar, then proceeded to the Police Station, Shamli, three miles away where the First Information Report was lodged at 9 p m. The appellant was not named therein but the report contained a description that he was wearing a black coat. Station Officer, R. L. SHARMA, P.W. 8, arrived at the spot and found two empty cartridges, exts.5 and 6, lying at distance of four feet of the dead body of Abdul Majid, which he took into possession alongwith the blood stained earth near the dead body. The Second Officer, Harpal Singh, was deputed to trace out the culprit in the town of Shamli.

(3.) The search party after looking for the culprit at the Kairana bus stand as well as in the liquor shops of Shamli proceeded towards the Ashok Talkies where the second show was still going on They reached there about midnight. Sometime afterwards the appellant, wearing the black coat and holding the cycle left at the spot by Mukhtar Ahmed and Nazir Ahmed, appeared at the gate of cinema house. Mukhtar Ahmed and Nazir Ahmed pointed out the appellant to the Second Officer as the culprit and also claimed the cycle as their own. The police party then pounced upon the appellant who resisted the arrest and attempted to escape. He was, however, captured and in the process he sustained a number of injuries. From his possession a revolver, Ex.1, five live cartridges, Ex.10, one currency note of Re. 1/- and one currency note of Rs. 5/- (exts.11 and 12 respectively) bearing blood stains were recovered in. the presence of witness including Mukhtar Ahmed, Nazir, Zahoor and Seeda.