YASIN Vs. STATE OF U P

JUDGEMENT

(1.) K. Narayan, J. Yasin and Sabir both sons of Mohammad Ibrahim were tried on charge under Section 302/34, I. P. C. , by the Sessions Judge, Moradabad and by a judgment and order dated 11-7-1979, have been convict ed and sentenced to imprisonment for life under the above said section.

(2.) THE charge related to an occurrence of about 4. 45 p. m. on 30-9-77 in mohalla Pakka Bagh, Police Station Kotwali, Moradabad, in which one Mohammad Umar was done to death with knife injuries. THEre is no dispute that the decased was a man of bad anticidents and may bevery hot blooded. THE prosecution contention has been that in the earlier part of 30-9-1977, there was some exchange of hot words and the deceased had given few slaps to Mohammad Ibrahim, the father of the accused. After about two hours of this incident the two accused came to the house of deceased and with an ostentation that the differences be patched up as Ibrahim was after all an old aged gentleman, respectable for all. With the pretext of the above nature the deceased was taken with them. In the same evening at about 5. 00 p. m. Mohammad Yusuf, the father of the deceased was informed by Abdul Wahid and Abdul Gaffur about the deadly assault upon the person of Mohmmad Umar. THE communication was summoned in the form the Yasin and Sabir had assaulted Mohammad Umar with knife and he was lying dead. Mohammad Yusuf went to the spot and after seeing his son dead, got the report written by Abdul Qamar, and went to the police station to lodge the same. THE first information report is shown to have been lodged at 18. 30 hours on 30-9-77.

(3.) LEARNED counsel for the appellant has assailed the evidence of the prosecution on three main grounds. His effort has been to show that the first information report was not lodged at time shown, the witnesses PW 3. Chhotey, and PW 4, Sri Abdul Wahid, were in tact got up witnesses and had not seen the occurrence and were partisan.