STATE Vs. MOHD HASHIM IQBAL

JUDGEMENT

(1.) - This appeal, preferred under section 378 of the Code of criminal Procedure, 1973 (hereinafter referred; as Cr. P. C.) is directed against the judgment and order dated 3. 2. 1994, passed by learned, Sessions Judge, Dehradun, in sessions trial No. 126 of 1991, whereby accused respondent Mohd. Hashim Iqbal S/o akhtar has been acquitted of the charge of offence punishable under Section 302 of Indian Penal code, 1860 (for brevity hereinafter referred as I. P. C.), and one punishable under Section 25/ 4 of the Arms Act, 1959.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) PROSECUTION story, in brief, is that on 3. 8. 1991, a bus bearing registration no. UPO7/ 3512 proceeded from Vikasnagar at about 7. 00 a. m. for Dehradun. PW1 narendra Pal Sharma (complainant) was conductor in said bus and PW2 Khairati Lal was driving the bus PW3 Km. Mukta Rawat was one of the four passengers, who boarded the bus at Vikasnagar. One of the passengers out of the four, got down near Lehman hospital, as such, only three passengers remained in the bus. The complainant narendra Pal Sharma (PW1) after demanding tickets from the three came back to his seat. Soon thereafter, at about 7. 20 a. m. some altercation took place between the two male passengers, and one of them (accused respondent Mohd. Hashim Iqbal inflicted knife injury to another (Pad deceased ). The bus was immediately stopped and the person armed with knife was apprehended by the conductor with the help of the driver. He (apprehended person) disclosed his name as Mohd. Hashim Iqbal, son of Akhtar, resident of village Majri, Police Station sahaspur. The driver took back the bus to lehman Hospital to provide medical treatment to the injured lying in the pool of blood inside the bus. However, the doctors in the hospital declared the injured, brought dead. On this, the driver and the conductor took the bus to nearest police outpost herbertpur, Police Station Vikasnagar, and handed over the accused Mohd. Hashim iqbal and the knife recovered from his possession. The conductor (PW1 Narendra Pal sharma) lodged the first information report (Ext. Al) at about 8. 30 a. m. , on the very day i. e. 3. 8. 1991, on the basis of which the police registered at the outpost as crime No. 18 of 1991 which was later re-numbered with police station Vikasnagar as 203 of. 1991)relating to offence punishable under Section 302 of I. P. C. against the accused Mohd. Hashim Iqbal. Relating to the knife recovered from the accused, a separate report (Ext A 2) was prepared and separate crime no. 204 of 1991, was registered against the accused Mohd. Hashim Iqbal relating to offence punishable under Section 25/4 of the arms Act, 1959. The investigation was taken up by Sub-Inspector Gyan Chand yadav (PW9 ). He after interrogating the complainant and arresting the accused, proceeded to Lehman hospital and took the dead body of Pal (deceased)in his possession, and prepared the inquest report (Ex. A20) at 9. 15 a. m. He also got prepared Police form No. 13 (Ex. A21), sketch of the dead body (Ex. A22), police form No. 33 (Ex. A23)and letter to the Chief Medical Officer, requesting for post-mortem examination of the dead body (Ex. A24 ). PW6 Constable vinod Kumar took the dead body in sealed condition for post-mortem examination. The medical Officer Dr. Rakesh Shamshery of doon Hospital conducted the post-mortem examination on the dead body of Pal (deceased) prepared autopsy report (Ex. A33) (formal proof dispensed with on behalf of the accused respondent ). The Medical Officer recorded two incised wounds in the abdomen and back of the deceased and opined in the autopsy report that death of the deceased had occurred due to shock and haemorrhage on account of ante- mortem injuries. During investigation, the blood stained pieces of seat and the floor of the bus were taken by the Investigating Officer and the same were sent through PW8 Constable Swaraj singh for chemical examination. After completing the investigation,. the investigating Officer submitted charge-sheet (Ex. A27) against the accused Mohd. Hashim Iqbal for his trial in respect of offence punishable under Section 302 of I. P. C. , police station Vikasnagar, District dehradun. A separate charge-sheet (Ex. A32) was filed for the trial of accused respondent in respect of offence punishable under Section 25/4 of the Arms Act, 1959.