HASMAT KHAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS criminal appeal has been preferred by the appellant-Hasmat Khan against the judgment and order dated 8-10-2001 passed by the then learned Sessions Judge, Udham Singh Nagar in S.T. No. 300/2000, convicting the appellant for an offence punishable under sections 302 and 323 I.PC. and sentencing him for `life imprisonment' under section 302 I.PC. and six months R.I. under section 323 I.PC. Both the sentences were ordered to run concurrently.

(2.) THE brief facts giving rise to this appeal are that there was an old enemity between appellant Hasmat Khan and Sharafat Khan (deceased) as a criminal case was pending in the court of Chief Judicial Magistrate, Udham Singh Nagar in which Hasmat Khan (appellant), Islam Khan, Nanhe Khan and his wife were the accused. The said case was fixed on the date of incident. Hasmat Khan (appellant) was pressing Sharafat Khan deceased for compromise. So Sharafat Khan did not attend the court on the date fixed. On the date of incident, i.e. 20-04-2000 at 6.00 p.m. the complainant was sitting in his house and heard the voice loudly of Sharafat Khan deceased and Hasmat Khan. Hasmat Khan appellant brought a "DAV" (a sharp edged cutting weapon) from his house and told that he would not leave Sharafat Khan alive. Hasmat Khan appellant ran to­wards Sharafat Khan deceased having "DAV" in his hand and Sharafat Khan deceased tried to escape himself and ran towards Subhash colony and when he was at the turn of Banga plot the appellant attacked on Sharafat Khan thrice by "DAV" which hit on his head and neck. Sharafat Khan fell down and died on the spot. The incident was seen by Navi Khan (PW1), Bhure (PW2) and other persons of the vicinity. The appel­lant after killing Sharafat Khan ran to­wards Mandi gate then Soni S/o Om Prakash (PW4) came in front of the ap­pellant and the appellant in his defence pushed Soni by "DAV" and thereafter the appellant ran away. Soni (PW4) also received, injuries and he was brought to the hospital.

(3.) SONU (PW4) was examined by Dr. Suresh Kumar. (PW.5) on 20-04­2000 at 7.20 PM. and following injuries were found on his person: