IDRISH Vs. STATE

JUDGEMENT

(1.) This is a criminal appeal by the accused Idrish, who has been convicted for an offence of murder on the allegation that on 30-6-1995 at about 6.30 p.m., he committed the murder of one Inderjeet by inflicting blows by a "Patal" (country made sword) near the tube well at Police Station Kashipur.

(2.) The prosecution story was that the deceased Inderjeet as also the accused Idrish were working in the farm known as Sharma Farm and on 28-6-1995, while the deceased Inderjeet was taking rest near the tube well, the accused Idrish was shouting for flying-away the birds, which come in the field. Inderjeet asked him not to shout because it was disturbing him and at that point of time, there was an oral altercation between the two. The prosecution pleaded that on account of this, the accused Idrish took this to be his insult and started bearing grudge against the deceased Inderjeet. The deceased Inderjeet, along with his brother Ranjeet (PW1) and Uncle Nikunj Das (PW2), used to reside in the same farm only along with the other labourers. On 30-6-1995 at about 6.30 p.m. when the deceased Inderjeet was busy in cooking, the accused Idrish came there and gave two blows with the Patal on his neck resulting in serious injuries and the instantaneous death of the deceased Inderjeet on the spot. The prosecution pleaded that the witnesses Ranjeet (PW1) and Nikunj Das (PW2) tried to follow the accused Idrish, however, the accused Idrish threatened them of dire consequences by showing them the Patal, on account of which, Ranjeet (PW1) and Nikunj Das (PW2) could not do anything.

(3.) The matter was reported at about 8.30 p.m. on the same day in the I.T.I. Police Outpost of Kashipur Police Station by Ranjeet (PW1). The crime was registered and the police party attended the spot. The spot is about 5 Kms. away from the said Police Outpost. Because of the darkness, the police did not conduct the Inquest Panchnama at night, though the police had reached the spot. The said Inquest Panchnama was conducted on the next day i.e. on 1-7-1995. Thereafter, the dead body of the deceased Inderjeet was seized and was sent for post mortem. The post mortem was conducted on 1-7-1995, itself, by Dr. Surendra Singh (PW4). In the post mortem, the doctor found two external injuries on the body of the deceased. They were : i. Incised wound 13 c.m. x 5 c.m. bone deep, 4 c.m. below the chin in front of the upper part of the neck. Trachea, Oesophagus and major vessels of the neck as also both the Carotids cut through and through. ii. Incised wound 12 c.m. x 2.5 c.m. muscle deep, 5 c.m. below the injury No. 1 in front of the upper part of the chest.