STATE OF UTTAR PRADESH Vs. YAQUB

JUDGEMENT

(1.) This appeal has been filed by the State of U.P. against the judgment and order dated 7.4.1977 Sri Chadra Prakash, District and Sessions Judge, Pilibhit acquitting the respondents Yaqub and Kallu of the charge under section 302 I.P.C. simplicitor or with the aid of Section 34 I.P.C.

(2.) The prosecution case in brief is that in the intervening night of 5/6.8.1975 at about 10 clock the deceased Mohd. Sayeed was attacked by the respondents with the result that the deceased had received injuries and on his cries, P.W. 2 Fahmeed Shah and P.W. 3 Mohd. Yasin along with Aslam who were sleeping in the adjacent Tal, scaled the boundary wall of the deceased which was 3 feet high and reached the room of the deceased where he was being assaulted by respondent Yakub and these persons apprehended both the respondents on the -spot. In the light of the lantern, appellant Yakub was allegedly seen to have possessed a knife by which he had caused injuries. The respondents were over-powered and caught hold of by the aforesaid persons and others on the spot. P.W. 2 Fahmid Shah went to the house of P.W. 1 Sayeed Husain, an employee of the deceased and shortly he returned to the house of deceased along with him and there Sayeed Husain P.W.1 found the deceased lying in a, pool of blood with a number of injuries on his person. It is alllied that at that time the deceased Mond Sayed was in his senses and he pointed out at the apprehended both the accllsed as his assailants and said that he was knifed by the respondents. P.W.1 Sayeed Hussain took the deceased to the District Hospital, Pilibhit in a Rickshaw and after getting him admitted in the hospital, he returned to the place of occurrence and the respondents were taken to the Police Station and there they were given in the custody of the Police. P.W. 1 Sayeed Husain submitted a written report at the Kotwali Police Station at 3.30 a.m. which is Ex. Ka. 1. where upon P.W. 10 Imdad Ali Khan, Head Constable, prepared chik report on the basis of the aforesaid written Report. The said chik report is Ex. Ka. 8. He also registered a case under section 307 I.P.C. in the General Diary and the General Diary entry is Ex. Ka. 12. He also got knife Ex. Ka. 1 from P.W.1 Sayeed Husain which was snatched from Yaqub and prepared Ex. Ka. 2.

(3.) The deceased Mohd. Sayeed was examined by Doctor J.M.L. Arora at 1.40 a.m. on 4.8.75 in the District Hospital and the following injuries were found on his person.