SAEED KHAN Vs. STATE OF U P

JUDGEMENT

(1.) G. D. Dube, J. This appeal has been preferred against the judgment and order of Sessions Judge, Rampur, holding the appellant guilty of the offence under under Section 302,1. P. C. convicting and sentencing him to undergo life imprisonment,

(2.) THE case against the appellant is that Siraj Ahmad (deceased) and appellant Saeed Khaa happened to be friends prior to the alleged occurrence. THEy had developed some bad habits of committing unnatural intercourse with small boys. THE father of the deceased had chided Siraj Ahmad and asked him to avoid company of the appellant. Consequently, there was estrained relation between the two. It has been stated by the prosecution that at about 12. 50 p. m. on 1ith July, 1987, Siraj Ahmad was going on a bicycle in Mohalla Pucca Bagh near the Dall Mill in the town of Rampur. THE appel lant had asked Siraj Ahmad to get down from the bicycle. When the appellant had refused and continued riding his cycle replying to the appellant that he had no time and had to go, the appellant obstructed the way and tried to pull him down by catching the carrier of the cycle. THE appellant gave knife blow on his neck from behind as a result of which Siraj Ahmad fell down from the cycle. THEreafter, two more blows-one of the chest and another on the abdomen were inflicted with the knife. THE occurrence said to have been seen by Shakeel Ahmad (P. W, 2) Lallan Khan (P. W. 3 ). THEy had carried the deceased on a rickshaw to Police-Station Ganj. A report of the incident was lodged by Shakeel Ahmad (P. W. 1) at 12. 30 p. m. on 11-7-1977 same day. Siraj Ahmad was alive at the time of report. He had been taken to the District Hospital, Rampur. Dr. U. C. Srivastava (P. W. 4) had examined the injuries of Siraj Ahmad at 12. 45 noon same day on 11-7-1977. He had found the following six injuries on his person : - 1. Incised wound 6 cm. x 2 cm. depth of the wound could not be measured, on the left and outer side of the chest. It was 7 cm. lateral to left nipple. 2. Incised wound 6 cm. x 2 cm. x depth not probed, over outer aspect, back of left side of chest, 8 cm. below and back to injury No. 1.

(3.) INCISED wound 4. 5 cm. x 1. 5 cm x 2 cm. deep on the left side back of neck, 2 cm. below injury No. 4.