HAITULLAH Vs. STATE OF U.P.

JUDGEMENT

(1.) These appeals are preferred to question correctness of judgment dated 27.09.1983 passed by the IVth Additional Sessions Judge, Basti in Sessions Trial No. 331 of 1982. By the judgment impugned learned trial court recorded the conviction of the accused appellants Sami Mohammad, Yaqub, Gayaboo and Haitullah for commission of offence punishable under Section 302/34 IPC and sentenced them to undergo imprisonment for life term.

(2.) Briefly, the prosecution case as set out in the First Information Report is that on 14.09.1982, Safi Mohammad (Ex. Ka-1) had gone to Kadjahava Grant to see his ailing maternal uncle (mama). While he was returning to his village, at about 3.00 p.m., as he reached village Bagahava Grant (where Paddy and Arhar crops were grown in that area). He heard a scream. As he stepped ahead, he saw his father (Dada) Noor Mohammad being assaulted by appellants. He asserted that Noor Mohammad, Sami Mohammad, Mohammad Yaqub and Gayaboo were armed with knives and Haitullah was armed with a Lathi. When he raised an alarm Luddur and Sanaullah, who were coming from Badauti, after getting wheat milled came to the site of the incident (vkVk filk dj vk jgs Fks). On seeing the informant and the other witnesses arriving at the place of incident, the accused persons started to flee away. At this point Sami Mohammad threatened the informant and the other witnesses. He then abused the deceased, cried out that he (deceased) is still alive, and plunged the knife in the stomach of the deceased and escaped with the knife. The lathi carried by appellant Haitullah was left at the spot. The informant's father died immediately. It was then asserted that the deceased and Sami Mohammad had a dispute over a land. It was also alleged that the informant later came to know that Haitullah came to his house before the incident and had taken his father along with him.

(3.) The First Information Report (Ex. K-3) was lodged on 14.09.1982 at 8.10 p.m., vide Case Crime No. 95/1982 under Section 302 IPC against all the accused-appellants namely Haitullah, Sami Mohammad, Yaqub and Gayabu at Police Station Dhebarua, District Basti. The investigation was undertaken by the Station Officer Radhey Shyam Dwivedi (PW-8). During the course of investigation, the police is said to have prepared site plan (Ex. Ka-8), the fard of blood stained soil and plain soil (Ex-Ka-7) and also prepared fard of recovered 'Lathi', 'Spectacles' and one pair of 'sleeper' (EX.Ka-6) on 15.09.1982. The Inquest Report (Ex. Ka-2) was prepared in the morning of 15.09.1982 and the dead body was sent for postmortem.