ASLAM Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as cr. P. C.), is directed against the judgment and order dated 17. 2. 1994, passed by learned Sessions Judge, Haridwar, in Sessions Trial No. 77 of 1993 and Sessions Trial no. 68 of 1993, whereby said court has convicted accused/appellant Aslam, under Section 302 of indian Penal Code, 1860 (hereinafter referred as I. P. C. ). The appellant (convict) has been sentenced to undergo imprisonment for life.

(2.) HEARD learned counsel for the parties and perused the Lower Court Record.

(3.) PROSECUTION story in brief is that accused appellant Aslam and his associates, used to tease the sisters of Raju (deceased), on which the deceased had expressed his annoyance. On 25. 8. 1991, at about 5. 45 p. m. , when PW1 Rajendra (complainant) along with his brother Raju (deceased) and one vinod (PW3) was sitting on an over bridge, within the limits of Police Station Kotwali, roorkee, accused/appellant Aslam along with his associates Arshad and Parvej alias bakra, came there. Arshad and Bakra caught hold of Raju and asked Aslam to kill him. On this, Aslam took out a country made pistol from his pants and fired on the head of Raju. He (Raju) fell down on the spot and three accused started fleeing away. On this, complainant Rajendra along with others chased Aslam and apprehended him at the spot with the assistance of the public witnesses and Constable Devendra Singh (PW2 ). Arshad and Parvej alias Bakra succeeded in fleeing from the scene of occurrence. A country made pistol was recovered from accused Aslam on the spot. He was beaten while apprehended over to the Police. PW1 Rajendra (brother of the deceased), who participated in apprehending the accused, lodged First Information report (Ext. A1) at Police Station, Roorkee, at about 6. 30 p. m. A memorandum of recovery of country made pistol (Ext. A2) was also prepared. The Police registered Crime no. 271 of 1991 on the basis of the report lodged by PW1 Rajendra against accused aslam, Arshad, and Parvej alias Bakra, relating to offence punishable under Section 302 I. P. C. A separate crime No. 272 of 1991 was registered against accused Aslam, relating to offence punishable under Section 25 Arms Act, 1959. After the crime was registered, the investigation was taken up by pw9 Inspector Baljit Singh. Immediately, police went to the spot, took the dead body of Raju in their possession and Inquest Report (Ext. A3) was prepared at 18. 40 p. m. on the very day i. e. 25. 8. 1991. Other necessary papers sketch of the dead body (Ext. A4), letter to Chief Medical Officer, requesting for post-mortem examination (Ext. A5), Police form No. 13 (Ext. A7) etc. were prepared and dead body was sent for postmortem examination in a sealed cover. The post-mortem examination on the dead body was conducted on 26. 8. 1991 at 2. 00 p. m. by pw6 Dr. S. K. Jain, who recorded the firearm entry wound and fire-arm exit wound as ante-mortem injury. The Medical Officer opined that cause of death of the deceased was shock and haemorrhage duetto ante-mortem fire-arm injury. During investigation, the Police took blood stained soil from the place of incident and got it sent for chemical examination. The witnesses were interrogated and after completing the investigation charge-sheet (Ext. Al5) was filed against all the three accused Aslam, Arshad and Parvej, for their trial in respect of offence punishable under Section 302 I. P. C. and one punishable under Section 5 of scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. A separate charge-sheet was filed against Aslam for his trial in respect of offence punishable under Section 25 Arms Act, 1959.