RAMZAN Vs. STATE

JUDGEMENT

(1.) THIS appeal is preferred against the judgement and order dated 15.2,1982 passed by III Additional Sessions Judge, Lucknow in S.T. No. 252 of 1979, whereby the appellant has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life.

(2.) BRIEFLY stated, according to the prosecution case, the appellant was tenant of Mohd. Yasin and seven months' rent was due against him. A day prior to the date of incident Mohd. Yasin had made demand of the arrears of the rent from Ramzan, which Ramzan refused to pay and threatened him. At that time Faiyazul Haq alias Gaboo was also present there and he said to him that instead of paying the rent he was giving threat and slapped Ramzan. The complainant Ghulam Nadir and other people of the village got them pacified. On the next day i.e. 26.6.79 Urs was being celebrated in the locality of Kasai Bara. Adequate light arrangements were made and the whole locality was illuminated. At about 8 or 8:15 p.m. Ghulam Nadir, the informant, the deceased Faiyazul Haq alias Gaboo, Mohd. Sabir and Mohd. Yatik were having Lassi at the hotel of Abdul Rahman and at that time accused persons namely, Ramzan, Ghulam Waris and Atalloo came in front of the hotel aforesaid and accused Atalloo immediately caught hold of the collar of Gaboo and dragged him and accused Ghulam Waris exhorted. Accused Ramzan who was carrying Rampuri knife in his hand gave several blows with the knife on the chest, stomach and back of the deceased Gaboo and Gaboo cried and fell down. The informant and other persons raised alarm. Mohd. Sabir caught the accused Ramzan. In the meantime two policemen of police station Aminabad reachedc and took the accused Ramzan alongwith knife in custody. The other accused persons, namely, Ghulam Waris and Atalloo made their escape good. Gaboo became unconscious and was taken to Balrampur Hospital, Lucknow on a rickshaw by his brother Imtiazul Haq, PW -1 but before reaching the hospital, he succumbed to the injuries sustained by him. The doctor, therefore, declared him 'brought dead'. Ghulam Nadir got the report scribed by Mohd. Haleem at the spot and lodged at P.S. Aminbad, which was at a distance of two furlongs from the place of incident and handed over the written report which Ex. Ka -1 at the police station. Surya Bhushan Pandey PW -6 who was posted as Head Moharrir prepared chik F.I.R., which is Ex. Ka -13 and registered a case under Section 307 IPC in G.D. which is Ex. Ka -14. He also prepared memo of the knife which is Ex. Ka -2. Accused Ramzan was also brought to the police station by two constables and G.D. entry Ex. Ka -14 was prepared. After information of death of the deceased, the case was altered from Section 307 IPC to Section 302 IPC vide entry made in the G.D. dated 26.6.79, Ex. Ka -15.

(3.) AFTER registration of the case S.I. Kishore Lal Tewari commenced investigation. He recorded the statement of the first informant and reached at the place of occurrence. He recorded statements of Abdul Rahman PW -2 and Mohd. Atiq and other witnesses and inspected the place of occurrence and prepared site plan which is Ex. Ka -4. He also recorded statements of constables Sardar Singh and Ratibhan Singh. He recorded the statement of Mohd. Sabir PW -7 the next morning. He also prepared inquest report on the dead body of the deceased which is Ex. Ka -5. He also prepared photo lash Ex. Ka -6, challan lash Ex. ka -7, letters for post mortem examination, Ex. Ka -8, and memo of the clothes of the deceased, which is Ex. Ka -9. The dead body was sealed and sent for post mortem examination. He prepared sample seal Ex. ka -10 and the dead body was handed over to constables Ram Dularey and Kalbe Hasan. He also recorded the statement of the accused Ramzan. The investigating officer had also sent the clothes of the accused and the knife in sealed condition to Chief Medical Officer, Lucknow for chemical examination vide letter Ex. Ka -12. After conclusion of the investigation, he submitted charge sheet which is Ex. Ka -11. Dr. G.K. Vishwakarma PW -5 who was then posted as medical Officer, State Blood Bank, Lucknow, conducted autopsy on the dead body of the deceased Gaboo and prepared his report which is Ex. Ka -3. The following ante mortem injuries were found on the person of the deceased: