IQBAL AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) There were two appeals arising out of the same Judgment of conviction dated 12.5.1982 passed by the learned III Additional Sessions Judge, Moradabad in Sessions Trial No. 81 of 1980 by which he had held two accused persons, namely, the present appellant Iqbal Ahmad and his co-convict Inder Kumar, guilty of committing offence under Section 302/34 I.P.C. and directed each of them to suffer rigorous imprisonment for life. Criminal appeal filed by Inder Kumar bearing no. 1282 of 1982 abated on account of his death.

(2.) Informant of the case P.W. 1, namely, Rajeshwar Saran admittedly was not an eye witness to the occurrence. He stated that he was informed by P.W. 3 while he was in the market place that his brother Sarveshwar Saran, who was an advocate as appears from the evidence, was sitting at his Public- Distribution-System (PDS)shop. It was stated that the deceased appellant Inder Kumar and this appellant Iqbal Ahmad on 11.11.197 at about 12.45 p.m. came searching for the informant Rajeshwar Saran. The two entered inside the shop. The deceased took ill of their entry into the shop and asked them to be out of the place which ensued into some altercation between the deceased Sarveshwar Saran on the one hand and the two accused persons on the other. During that course, it is alleged, deceased appellant Inder Kumar instigated this appellant to stab the deceased as something has gone into his head upon which this appellant Iqbal Ahmad is said to have pulled out a knife and to have stabbed the deceased in his chest.

(3.) The informant stated that having received the information, he rushed back to his shop to find that his brother was being examined by Dr. P.C. Rai (P.W. 4) who advised him to rush his brother to the hospital and, accordingly, injured Sarveshwar Saran was taken to the hospital where he died.