ZAHID Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against judgment and order dated 16.9.1982, passed by learned Sessions Judge, Rampur, in Session Trial No. 33 of 1982, State vs. Zahid , under Section 302 IPC, P.S. Ganj, District Rampur, whereby, accused-appellant Zahid was convicted under Section 304 Part-I IPC and sentenced to four years rigorous imprisonment with fine of Rs. 100/. In default of payment of fine he has to undergo three months rigorous imprisonment.

(2.) According to prosecution version, accused-appellant Zahid Khan as well as deceased Khalid used to ply their respective rickshaws. Three-four days prior to the incident, rickshaw of deceased Khalid has got struck with rickshaw of accused-appellant Zahid Khan and due to that reason, accused-appellant Zahid Khan has threatened him. The incident took place on 17.9.1981. On that day at about 7:00 pm accused-appellant has sent one boy to call the deceased from his house and accused-appellant Zahid Khan took position in nearby lane (Gali) by concealing himself. When deceased Khalid, while taking his rickshaw, reached near water tank in the lane, accused-appellant Zahid Khan attacked him with knife. Deceased Zahid Khan sustained knife injury at his abdomen. Hearing his noise, one Bhoora Khan and Zafar Khan as well as some other nearby residents rushed to spot but Zahid Khan fled away from there.

(3.) Deceased Khalid, who was in injured condition at that time, himself reported the matter to police by submitting a written complaint Ex. Ka-1 and on that basis first information report was registered on 17.09.1981 at 19:20 PM against Zahid Khan, under Section 324 IPC vide Ex. Ka-4.