STATE OF U P Vs. IZZATULLAH

JUDGEMENT

(1.) THIS appeal has been filed by the State against the judgment and order dated 24th February, 1977 passed by Sri S.P. Agarwal, the then III Additional Sessions Judge, Bulandshahr in Sessions Trial No. 392 of 1974. Eight accused - ap ­pellants had been tried in the said case.

(2.) THE prosecution case in brief was that on 17 -6 -1974 at about 5 p.m. under -trials were going back to District Jail after the Court cases. Manvir deceased and Prahlad injured were also undertrials who had come from jail that day and were returning. The accused -opposite parties Izzatullah, Patiram and Nanak were also undertrials who had come to the Court and were in the process of returning. The un ­dertrials Manvir was stabbed by accused opposite party Izzatullah by a knife and was seriously injured. The accused -op ­posite party Patiram had caught hold of him when Izzatullah stabbed him. The ac ­cused opposite party Nanak made an at ­tack on Prahlad by a knife. Prahlad was the uncle of Manvir. A few others including undertrials Khadag Singh (Kharku), Lal Mohammad, Raja Ram (all undertrials) and Mitthan Lal (Constable) sustained in ­juries in the scuffle which took place inside the police van which was there to take back the undertrials to District Jail. It was parked in front of the southern gate of the Judges' Court Compound at Bulandshahr within Police Station Kotwali. A knife was said to have been passed over to Izzatullah by accused -opposite party Prakash whereas his father Laxmi Chand accused -opposite party had allegedly passed over a knife to Nanak accused -opposite party. These two accused -opposite parties were allegedly there near the police van. These two alongwith remaining accused -opposite parties, namely, Har Charan, Tukki and Udai Vir had allegedly entered into a criminal conspiracy to murder Manvir and Prahlad. Report of the incident was lodged at Police Station Kotwali by Prahlad Singh P.W. 1 the same day at 5.45 p.m. Manvir was removed to District Hospital in injured condition but he succumbed to his injuries the same night at 9.42 p.m.

(3.) POST -mortem over the dead body of the deceased Manvir was conducted on 18 -6 -1974 at 3.10 p.m. He was aged about 35 years. He had sustained a single incised wound on left side of chest which was abdominal cavity deep. His death had oc ­curred due to shock and haemorrhage resulting from the said wound.