MOHAMMAD YUSUF Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against judgment dated September 6, 1983, passed by the Division Bench of the High Court of Allahabad (Lucknow Bench) in Criminal Appeal No. 910 affirming the conviction under Section 302, I.P.C. against the appellant by the Additional Sessions Judge, Pratapgarh, dated November 5, 1976 in Sessions Trial No. 114 of 1973 and sentence of life imprisonment for the aforesaid conviction.

(2.) The short facts of the prosecution are that an anti-dacoity squad was sent from Police Lines Pratapgarh to Police Station, Baghrai. The original squad consisted of Head Constable Ram Iqbal Tewari P.W. 7, and three constables Ram Jatan Rai, Radhey Shyarn Pandey and Ram Prasidha Pandey. Subsequently, there were changes and at the relevant time this squad consisted of Head Constable Mohammad Yaqub, Constable Ram Dhani Singh, Constable Ramanand Pandey and Constable Mohammad Yusuf, the convicted appellant. On June 21, 1973, this squad was in village Ramarh Banohi. It was scheduled to- move for Phulpur on June 22, 1973. The squad reached village Bihar at about 4.00 p.m. Thereafter, the squad on reaching the grove of one Ahamad Husain, P.W. 3, Mohammad Yaqub a Head Constable (P. W. 1) asked Mohammad Yusuf the appellant, and Ramanand Pandey deceased to bring Chaukidar from Naya Purwa. When the said two persons had gone about 50-60 steps away from the grove, there was exchange of abuses between the accused and the deceased and thereafter the other persons of the squad rushed towards the side along with some other persons who had arrived at that place. In the meantime, the accused No. 1 fired three consecutive shots with his rifle on the deceased Ramanand Pandey as a result of which the said Ramanand Pandey died on the spot. A written Report of the said incident was sent to the Police Station Baghrai by Mohammad Yaqub, Head Constable (P.W. 1) and the case was registered and initial investigation was conducted by Sri Amir Hasan Zaidi, Station Officer of Police Station, Baghrai. The said Officer reached at the spot but thereafter the investigation was handed over to one Sri Lakhpat Singh P.W. 13. Charge-sheet in the said case after investigation was submitted on July 18, 1973. The appellant was arrested along with 47 live cartridges in village Bechu Ka Purwa a hamlet of Phoolpur Mauri which is at a distance of three miles from the scene of occurrence at 10.30 p.m. The inquest was made and the rifle and empty cartridges found at the place of occurrence were sealed and were despatched and the post-mortem of the deceased was conducted by Dr. B. K. Bhardwaj.

(3.) The doctor on conducting the post-mortem had found gun shot injuries badly damaging the vital parts of the body. 17 witnesses were examined by the prosecution to prove the case. P.W. 1, P.W. 3, P.W. 4 and P.W. 5 were examined as eye-witnesses and they deposed in support of the prosecution. The Police Constable Ram Naresh Singh was an eye-witness. Though he was examined in the committing court, but he died on September 11, 1973. His statement, therefore, was tendered under Section 288 of the old Criminal Procedure Code being Ext. Ka 36. P.W. 3 and P.W. 4 and Ram Naresh were residents of Village Dewar Patti, which is about 2 or 3 furlongs to the south of the grove of Ahamad Husain. It transpires from the evidences of the eye-witnesses that the incident had taken place at about 50 or 60 steps from the grove and that there was altercation between the deceased and the appellant and the appellant fired shots at the deceased Ramanand Pandey. The evidences of the eye-witnesses are consistent on this aspect. It may be noted here that a suggestion was made that Ramanand Pandey was drunk and there was fight with the butt-end of the rifles between the deceased and the appellant. The deceased aimed his rifle towards the appellant and the appellant fired his rifle in self defence. The appellant did not examine any witness in his defence. The learned trial Judge after considering the evidence on record convicted the appellant on the charge of murder and awarded a sentence of life imprisonment.