CHIRAGUDDIN Vs. HAJIMUDDIN ALIAS RAFIUDDIN

JUDGEMENT

(1.) Feeling aggrieved by the order of acquittal dated 27th August, 1979, passed sed sed by the VIth Additional District and Sessions Judge, Agra, in Sessions Trial No. 459 of 1975: State v. Haji Muddan and four others, under Sections 302, 149, 148 and 147, I.P.C., P. S. Rakabganj, district Agra, complainant Chiraguddin has preferred this appeal under Section 378(4), Cr. P. C. Leave to appeal was granted by this Court vide order dated 18/08/1980.

(2.) The facts giving rise to this appeal can be narrated in brief as under: Chiraguddin, complainant (appellant), was going from his house situated in Dhulikhar to his another house in Meera Hussaini in Agra on 23/05/1972. On the way, he stopped at the betel shop of Gulab, situated at Mantola Tiraha, for taking 'paan' (betel). It was about 10 p.m. He saw deceased Saiduddin Qureshi and Aaquil coming from the side of Ghetia Mama-Bhanja. Saiduddin and Aaquil addressing Chiraguddin said as to why he alone was taking 'paan'. They would also take. Then all the three took the 'paan' and proceeded towards the house of Saiduddin Qureshi towards Sadar Bhathi. When they reached near R. S. Soda Water Factory, the accused Haji Muddan, Mushiaq, Wahabuddin, Chhotey Gaewala and Badruddin (now dead), all the five, met there and surrounded Saiduddin Qureshi and rebuked him. Haji Muddan was having open knife in his hand. The four accused exhorted Haji Muddan jointly (vernacular matter omitted). Upon this, Haji Muddan stabbed Saiduddin Qureshi in his back. He fell down on the road. Chiraguddin and Aaquil raised an alarm and challenged the accused persons. On the alarm, witnesses Intezar Hussain, Khalifa Chunna, Bipin Chandra Jain, Rahim Baksh alias Lal Mohd., Anwar, Mohd. Asgar, Munshi Akhtar Hussain, Habib and Rafiq collected there. On the arrival of these witnesses, the accused went away towards Ahmadia Hanifia lane. There was electric light and the incident was seen in that light. Chiraguddin tried to lift the injured Qureshi in his lap but being heavy he could not be lifted, and he sat down keeping Qureshi on the earth. In the meantime, jeep of the injured Qureshi arrived and keeping the injured in the jeep Chiraguddin along with some other persons proceeded to the Emergency Ward of the hospital, but in the way Qureshi died. On reaching the hospital, the doctor declared him brought dead. From there Chiraguddin went to P. S. Kotwali and lodged a written report which was registered at 11.15 p.m. on 23-5-1972. The place of occurrence was within the jurisdiction of P.S. Rakab Ganj. Therefore, the FIR was sent from the police station Kotwali to police station Rakab Ganj. The investigation of the case was entrusted to Sub-Inspector Roop Singh, P.W. 13. Another Sub-Inspector Rishipal Singh, P.W. 5, prepared the inquest report and with necessary papers sent the dead body in sealed condition for postmortem examination at about 8.30 a.m. on 24-5-1972. On the same day, at 11.30 a.m., Dr. S. C. Gupta, P.W. 9, conducted the postmortem examination and prepared the report. As per his opinion, the time of death was about 12 hours. Rigor mortis was present in upper and lower limbs. He found the following ante-mortem injury: 1. Stab wound 1" x 2/10" x cavity deep with clean cut margins on the back of the chest left side 1" away from the spine at the level of the 6th thoracic vertebra placed obliquely (medial end being higher) between the 6th and 7th ribs.

(3.) On internal examination he found that corresponding to injury No. 1 there was an incised opening with clean-cut margins of 1" x 2/10" on the 6th intercostal space of pleura. Blood was present in soft tissues. Left pleural cavity was full of partially clotted blood (two and a half pounds approximately). He further found incised cut 1/2" x 1/10" on the posterior aspect of the left lower lobe in upper part extending in the lung upward, forward, medially, upto the bronchi to the left lower lobe at the root of the lung. An incised opening 1/3" x 1/4" was present on the pulmonary artery.