QAMRUDDIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Aggrieved by the judgment and order dated 20/04/1981 passed by Shri S.L. Adarsh, the then Addl. Sessions Judge in Sessions Trial No. 280 of 1979 convicting the appellant under Section 302 I.P.C. and sentencing him to imprisonment for life, this appeal has been preferred by the convict-Qamaruddin.

(2.) Prosecution case, in brief, is that some litigations were going on between the first informant and the deceased on one hand and the accused on the other. Another litigation was pending before the consolidation authorities wherein names of accused Qamaruddin and Fakhruddin had been mutated. On account of this enmity the accused persons decided to do away with the deceased Nijamuddin. With this end in view, the present appellant along with three acquitted accused persons. Karim Bux, Fakhruddin and Abdul Hameed in the night between 8th and 9/05/1979 at about 12.30 reached the place where deceased Nijamuddin was sleeping. According to the prosecution case itself Nijamuddin was sleeping on a cot outside his house under a Neem tree. As per the case set up in the F.I.R. P.W.1 Zafaruddin and his father Bhurey were also sleeping on nearby cots. It is alleged that at about 12.30 in the night Zafaruddin got up on hearing some sound and saw that all the four accused persons were standing near the cot of deceased Nijamuddin. Co-accused Karim Bux uncovered the face of deceased who was sleeping with a quilt and thereafter the present appellant fired a shot from his pistol upon the head of deceased who sustained injury and died on the spot. On the alarm raised by Zafaruddin and his father all the accused persons took to their heels and they were seen by Saeed Ahmad, P.W.2 and others in moonlight.

(3.) P.W.1, Zafaruddin got the first information report, Ex.Ka1 scribed by Hakimuddin and lodged the same at police station Saini on the next day at 9.15 a.m. On the basis of this written report case was registered and investigation ensued. P.W. 4 Shri Ram Pandey was present when the case was registered. He started the investigation immediately and recorded the statement of first informant Zafaruddin at the police station itself. Thereafter he proceeded for the scene of occurrence and after reaching there he examined the dead body, appointed panches and held inquest. Dead body was thereafter entrusted to constable Jag Mohan P.W.6 for being taken to mortuary. The investigating officer also inspected the scene of occurrence and prepared site plan Ex.Ka 3. He also collected plain and blood stained earth from the scene of occurrence, blood stained Gadda and blood stained Quilt through memo Ex. Ka 4 and Ka 5. The investigating officer also interrogated Saeed Ahmad, P.W. 2 on 17-5-1979. Before he could complete investigation, he was transferred and investigation was taken over by his successor Brij Pal Singh, P.W.3, who after completion of investigation challaned all the four nominated accused persons and sent them for trial.