STATE OF U P Vs. NASEEM AHMAD

JUDGEMENT

(1.) This Government appeal is against the judgment and order of Sri Chandra Prakash, Sessions Judge, Pilibhit dated 28.1.1978 acquitting the respondents Naseem Ahmad and Sabir of the charge under section 302 read with section 34 of the Indian Penal Code.

(2.) The prosecution case as contained in the First Information Report Ex. Ka-1 lodged by Mohammad Zama Khan P.W. 1, the elder brother of the deceased Chand Babu, is that about 10 A.M. on 28.11.1976 the deceased had gone to attend the Urs of Shahji Mohammad Sher Mian. The prosecution witness Shafiq had just informed him that near the tomb of the above saint in the grove of Mohammad Ali C.W. 1, two persons inflicted knife injuries on him causing his death. They had been noticed by Shri Ram P.W. 3 and Abrar P.W. 2. They, out of fear, did not pursue them. Chand Babu before breathing his last had given this declaration that Naseem and Sabir had assaulted him. Mohammad Zama Khan on receipt of this communication went to the above grove and found Chand Babu lying dead.

(3.) The inquest in respect of the dead body was performed by the Sub-Inspector Arjun Singh P.W. 7 who made it over to Constable Ram Singh P.W. 9 at 9.30 P.M. for being taken to the mortuary.