ABDUL SALAM Vs. STATE OF U P

JUDGEMENT

(1.) AGGRIEVED by the judgment and order dated 28.6.1980 in Session's trial No. 13 of 1979 the appellants above named have preferred this appeal challenging their conviction under Section 302 read with Section 34, I.P.C. and under Section 307 read with Section 34, I.P.C. whereunder each of the appellants has been sentenced to imprisonment for life and five years rigorous imprisonment respectively.

(2.) ACCORDING to the prosecution case, the incident in question occurred on 3.11.78 at about 7 p.m. in the Kasba of Akbarpur when Mohammad Iqbal, the deceased of the case came out from the Gymnasium, the three appellants met him in the lane in front of the Gymnasium. The accused Abdul Salam and Qamrul Zama were having country-made pistol while Mohar Khan was possessed with a hockey. Accused Abdul Salam exhorted his companions to catch hold of the deceased and to kill him. On this Mohammad Iqbal ran but all the three accused persons chased him and fell him down in front of the betel shop of Ram Kumar Patel by assaulting him with hockey. On the alarm raised by Mohammad Iqbal, Arvind Kumar P.W. 3, Virendra Singh Chandel, Vishnu Kumar Misra, Mohammad Ali and others were attracted to the scene of occurrence and when Arvind Kumar, P.W. 3 challenged them, accused Qamrul Zama opened fire upon him from his country-made pistol which caused him injuries. Thereafter Abdul Salam and Qamrul Zama both fired one shot each from their respective pistols on Mohammad Iqbal which resulted in his instantaneous death. His father Peer Ali P.W. 2 got information of the incident while he was going to purchase vegetables from his house. He immediately rushed to the scene of occurrence and found his son lying on the road in the market. He without any delay got his son removed to Government Dispensary with the help of Maqsood Ali, Kamlesh and Shakoor where his son was declared dead. It is said that the witnesses had identified the accused persons in electric light.

(3.) ARVIND Kumar was referred to U.H.M. Hospital, Kanpur for expert's opinion on the nature of the wound and for X-ray examination. Injury report of ARVIND Kumar is Ex. Ka. 1. Dr. Mehrotra in his statement before the Court further opined that the injury was fresh and could be caused at about 7 p.m. on the same evening. He further opined that the injury could be caused by a firearm but since he was not sure about this, he referred the case for expert's opinion to U.H.M. Hospital, Kanpur, Dr. S. C. Prasad, Radiologist took X-ray of the right hip joint of ARVIND Kumar, X-ray report, Ex. Ka. 19, revealed a rounded radio opaque shadow of metallic density located in the region of right hip joint. The X-ray report of ARVIND Kumar is Ex. 9. Dr. Prasad opined that the injury of ARVIND Kumar could be possible by a firearm.