SAFIQ AHMAD Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 30.7.1982 passed by VIth Additional, Sessions Judge, Kanpur in Session trial no. 256 of 1980 convicting the appellant no.1, Safiq Ahmad, no.2, Aslam and no.3, Zahoor Ahmad and sentencing each of them to undergo rigorous imprisonment for three years under Section 307 I.P.C. All the three accused filed this criminal appeal but during the pendency of this criminal appeal accused appellant Shafique Ahmad and Zahoor Ahmad have died, therefore, the criminal appeal stood abated against them. At present only the appeal of accused appellant Aslam is before me which is being heard and disposed of today.

(2.) The brief facts of the prosecution story narrated in the F.I.R. Ex. Ka 11 lodged by Abdul Latif, brother of Abdul Rashid victim is that the accused person having enmity with Abdul Rashid, on 20.1.1980 Akram son of accused appellant Zahoor and some other persons have attacked over Abdul Rashid with knife regarding which he lodged an FIR with colonelganj, Kanpur Nagar. On 28.3.1980 at about 11.30 am, Abdul Rashid and Abdul Latif were going to their factory. When they reached near Imam Bara present accused appellant Aslam and co-accused Shafique along with Zahoor appeared having knives in their hands. Shafique and Aslam attacked over Abdul Rashid while Zahoor was crying and shouting that he should not be spared. Witness Naseem Ahmad and Abdul Karim witnessed the incident. After a short while police came and took Abdul Rashid to the hospital. Abdul Rashid had sustained knife injuries at his neck, back and chest. The incident took place on 28.3.1980 at about 11.30 a.m. whereas F.I.R. was lodges at 15.15 p.m. on the same day. On the basis of F.I.R. Ex.Ka 11 a chik report was prepared and the case was registered under G.D. the copy of which is Ex. Ka 2. Victim was medically examined in the U.H.M. Hospital at 11.45 a.m. on the day of incident. The victim was admitted in the hospital at 12 noon as much as eight incised wounds including one lacerated wound was found over the body of the victim including his neck. The injury report has been proved as Ex. Ka 8. The dying declaration of the victim was also recorded in the hospital at 4.05 p.m. which is Ex. Ka 7. Since the victim survived, therefore the said statement lost its importance as dying declaration. After completing investigation charge sheet. Ex Ka 6 was filed in the Court. Accused Shafique and Aslam were charged for the offence under Section 307 I.P.C. whereas all the three accused including Zahoor Ahmad were charged under Section 307/34 I.P.C. All the accused including the present appellant denied the charge and claimed their trial.

(3.) In order to prove its case, prosecution has examined as much as 9 prosecution witnesses.