FAZALUR RAHMAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a Criminal Appeal filed by the accused-appellant, Fazalur Rahman, against the judgment and order dated 21-4-1979 passed by the learned V Additional District and Sessions Judge, Saharanpur in Sessions Trial No. 35 of 1978, convicting the appellant under Section 307, I.P.C. and sentencing him to undergo R.I. for five years.

(2.) Briefly stated, the facts of the case are that in the morning of 27-6-1977 Afzal Ahmad (P.W. 1) accompanied by his brother, Mohd. Tariq (P.W. 2) left his house in order to purchase sugar etc. from the Ration Depot. Mohd. Tariq was to be married on 28-6-1977. They had to pass through Nakhasa Bazar. At about 10-00 AM. they reached in front of the shop called Veenus Chappals when the accused, Fazlur Rahman, came from the opposite direction. Sometime ago, Fazlur Rahman had contracted an oral debt of Rs. 1000/- from Mohd. Tariq. On seeing Fazalur Rahman there Mohd. Tariq demanded repayment of the said loan. This enraged Fazalur Rahman and he whipped out a knife from his pocket, saying that wherever he met Mohd. Tariq, the latter demanded repayment and that he would clear all accounts. Fazalur Rahman stabbed the knife in the abdomen of Mohd. Tariq. He gave two more knife blows to him, one of which hit in the abdomen and the other was taken by Mohd. Tariq on his hand. Mohd. Tariq started collapsing when he was forthwith supported by his brother, Afzal Ahmad (P.W. 1). Meanwhile, the accused, Fazalur Rahman, ran away from there saying that even if Mohd. Tariq survived, he would make full accounts later on. This occurrence was allegedly seen by Afzal Ahmad, Sagir, Jagdish and other persons, who had collected on the spot.

(3.) Mohd. Tariq was then shifted in a rickshaw by Afzal Ahmad (P.W. 1) to the S.B.D. Hospital, Saharanpur. After medical examination Mohd. Tariq was admitted in the hospital.