ABDUL RAZZAQ Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred by Abdul Razzaq against the judgment and order dated 29-9- 1980 passed by Sri M. Wahaj Uddin, the then Sessions Judge, Agra in Sessions Trial No. 325 of 1979. He has been convicted under Section 302, I.P.C. and sentenced to life imprisonment.

(2.) The broad features of the prosecution case may be noted. The incident took place on 18-2-1979 at about 2 p.m. in Labour Colony, Firozabad. The accused-appellant allegedly committed murder of one Amir Ullah by causing knife injury to him. The F.I.R. was lodged by Kalloo Khan PW 1 at 9.45 p.m. on 18-2-1979. On the fateful day and time, the victim Amir Ullah was talking with Samir Ahmad PW 2 and Aslam PW 3 in front of the shop of Kalloo Khan. The accused-appellant appeared there. The victim Amir Ullah asked him to go away. The accused-appellant Abdul Razzaq hurled abuses and exchange of harsh words took place. Kalloo khan intervened and separated them. The accused-appellant Abdul Razzaq left, holding out that he would again return and would not leave Amir Ullah alive. A short while later, he came again with a knife and stabbed Amir Ullah and escaped. Amir Ullah fell down on being so injured by the accused-appellant. Kalloo Khan PW 1 rushed Amir Ullah to S.N.M. Hospital, Firozabad and admitted him there. The condition of Amir Ullah was serious and Kalloo Khan PW 1 kept attending him. Amir Ullah died in S.N. M. Hospital, Firozabad at 9.00 p.m. Then the written F.I.R. Ext. Ka 1 was lodged by Kalloo Khan PW 1 at Police Station Firozabad which was at a distance of 21/2 km. A case was registered against the accused-appellant in consequence of the first information report and investigation followed which was done by Chhote Singh Rathor PW 11, Initially the victim Amir Ullah was examined in S.N.M. Hospital, Firozabad on 18-2-1979 at 2.35 pm. by Dr. Rajendra Kumar Gupta PW 12. As per injury report Ka 18 the following injury was found on his person : 1. Incised wound 1" x 1" x muscle deep (oozing of blood was there) on just above left anterior/superior iliac spine 5 3/4" outer towards left from centre of umbilicus.

(3.) The injury was kept under observation and X-ray was advised. According to the Doctor, it was caused by sharp edged weapon like knife or Chhuri. It was fresh.