ZAFAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by Special leave is preferred by the sole accused in the Sessions Trial No. 583 of 1980 on the file of the Additional District and Sessions Judge, Gorakhpur. The accused was convicted under Section 302 I.P.C. on the charge of murdering his relation by name Hidayat Hussain at about 8 A.M. on 28-6-1980 on a public street. The accused was sentenced to life imprisonment. On appeal the High Court confirmed the conviction and sentence.

(2.) The prosecution case is that on the crucial day at about 8 A.M. the deceased was going to a meat shop with his son Aizaz alias Guddu (P.W. 2). As they came close to the meat shop, the accused fired a shot from his country-made pistol in front of the house of one Sidhu. The victim collapsed before the meat shop of Achhan (P.W. 3) and succumbed to the injuries then and there. Though some people tried to overpower the accused, he reloaded his pistol and threatened them not to risk their lives. Thereafter, he fled away from the scene. P.W. 1, the father of the deceased, on coming to know of the incident came to the spot immediately. He saw the son of the deceased (P.W. 2) weeping by the side of the dead body. His clothes were bloodstained. After some time he got a complaint drafted by one Yusuf and handed over the same in the police station at 9.15 A.M. The Head Constable registered the F.I.R. P.W. 6, the Sub-Inspector of police immediately went to the scene of offence, took custody of the dead body after having it photographed and prepared a Panchnama. Thereafter, P.W. 7, the Senior Sub-Inspector, took over the investigation and seized the bloodstained earth, empty cartridge and blood stained Kurta of P.W. 2. On search at the house of accused he found nothing incriminating.

(3.) Postmortem examination was conducted by P.W. 5 who was the Medical Officer attached to District Hospital, Gorakhpur, on the evening of the same day. The following ante-mortem injuries were found on the body of the deceased :