ALI HASAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the appellants Ali Hasan alias Jhinkan and Bismillah alias Nirha against the judgment and order dated 23-9-1983 passed by Sri Raghunath Prasad, the then VII Addl. Sessions Judge, Gorakhpur, whereby he has convicted the appellants under Section 302, I.P.C. and sentenced each of them to undergo imprisonment for life.

(2.) The prosecution case, in brief, a that a dispute took place between Munni Lal alias Kallu on one hand and Alim Hasan alias Jhinkan on the other few days earlier. They challenged each other to see in future. Due to that reasons Jhinkan was on inimical terms with Munnilal alias Kallu. On 4-3-1982 at 1.30 p.m. Munnilal alias Kallu was returning from Collectorate to his house in the company of PW 1 Pradeep Kumar and PW 2 Shanker. When they were passing through the way in front of the house of Jhinkan in Mohalla Jamunahiya Bagh, Jhinkan stopped Kallu and enquired from him about the old dispute and started scolding him. Munnilal alias Kallu protested it whereupon Jhinkan gave a knife blow to Munnilal alias Kallu. Shanker and Pradeep Kumar, who were accompanying Munnilal alias Kallu, tried to intervene but in the meantime, Nirha father of Jhinkan, and one more person both armed with a country made pistol and a hockey respectively came out of the house. Seeing them Kallu, Pradeep and Shanker ran towards West. All of them chased them and at some distance Nirha fired a shot which hit Kallu and as a result of that gun shot injury he fell down. Thereafter, Jhinkan and other person inflicted knife and hockey blows on the body of Kallu. Vijay Kumar, Faiyaz and others, residents of Mohalla Jammunahiya Bagh reached there and they tried to apprehend them but all the three accused persons threatened them and fled away. Kallu was brought on a Rickshaw by Shankar, Pradeep, Vijay, Faiyaz and others to the district Hospital where he was admitted. After a short while, Kallu succumbed to his injuries. Shayam Lal, father of the deceased, learnt about the incident and rushed to the district Hospital where he found his son dead. The witnesses, who were in the company of the deceased at the time of incident or had arrived there, narrated the incident to the informant Shyam Lal, got the F.I.R. scribed from Vijay and lodged the same at police station Gorakhnath, District Gorakhpur, on the same day at 3.25 p.m. a memo was sent to the police station Kotwali Gorakhpur about the death of Kallu alias Munnilal.

(3.) Umesh Chandra Upadhyaya, Sub Inspector (PW 8) prepared the panchayatnama of the deceased in the District Hospital, Gorakhpur and the dead body of Kallu alias Munnilal was handed over to PW. 9 Gulam Mohammad, constable for being carried to mortuary for post-mortem examination. Dr. M. P. Singh (PW 5) conducted the postmortem examination on the dead body at 3.00 p.m. on 5-3-1982, who found 12 incised wounds and one gun shot wound of entry on the body of the deceased.