RAFAT ULLAH Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been filed against the Judgment and order dated 31st August, 1979 passed by the then learned Vth Additional Sessions Judge, Allahabad in.Sessions Trial No. 367 of 1978 convicting the appellant Rafat Ullah alias Babulla under Section 302 read with Section 34,I.P.C. and sentencing him to imprisonment for life thereunder.

(2.) THE prosecution case briefly stated is that the informant Mohd. Idrish along with his younger brother Rais alias Baggar deceased and aunt Smt. Noor Jahan and Smt. Anwari wife of the younger brother Sabbir went to the Mazar for Urs on 15.8.1987 in the afternoon. While they were returning from the Mazar to their house, the accused Islam (since dead) and Rafatullah alias Babulla met them near Chail Tehsil. THE accused called, Rais and walked together talking to each other. When they reached at about 5.00 p.m. in front of the Rickshaw Khatal of Azimullah situated in Machhali Bazar, the accused Rafatullah alias Babulla abused Rais alias Baggar. Rais objected to it. Consequently Rafat Ullah alias Babulla challenged and said "Maro Sale Ko". THE accused Islam lifted a Dhuri of Rickshaw lying at the khatal and struck 2-3 blows with it on the head of Rais, who then fell down. THEreupon both the accused-appellants put the Dhuri on the neck of Rais and pressed it hard and thereby killed him. THE complainant Mohd. Idris and others made hue and cry and followed the accused who threatened them. THE accused ultimately ran away. Hearing the hue and cry many persons rushed to the scene of occurrence. Leaving the dead body of Rais to the care of Anis, Smt. Noor Jahan and Smt. Anwari, the complainant Mohd. Idrish went to the police station to lodge a report orally. On his oral report, Head Moharrir present on duty at the police station Colonelganj, Allahabad, prepared the chik F.I.R. Ex. Ka-1 and made an entry in the General Diary at serial No. 42, an extract of which is EX Ka-13 and ultimately registered a case against the accused. After the registration of the case, its investigation was entrusted to the then sub- Inspector Panna Lal Verma P.W. 6, who proceeded to the place of occurrence. Reaching there he held the inquest proceedings and prepared the inquest report Ext. Ka-3. THEreafter he seized, sealed and sent the: dead body in a bundle for post-mortem examination after observing necessary formalities in connection therewith. THEreafter he inspected the place of occurrence and prepared its site plan Ex. Ka-9. He took into his custody a pair of Chappals of the deceased from the place of occurrence and prepared its Supurdginama Ex. Ka-10 and handed the Chappals over to Mohd. Idrish. He took into his custody the blood stained Rickshaw Dhuri (material Ex. 1) from the place of occurrence and prepared its Fard Ex. Ka-11. He also took into his custody the samples of blood stained and plain concrete (material) Exts. 2 and 3 respectively) from the place of occurrence and sealed them into two separate containers and prepared its Fard Ex. Ka-12. He took down the statements of the other witnesses. After the completion of the investigation into the case, he submitted a charge-sheet Ex. Ka-14 against the accused. He sent the blood stained and plain concrete, Rickshaw Dhuri, Pants and Bush-shirt of the deceased to the Chemical Examiner, Agra and after receipt of the report Ex. Ka-15 of the Chemical Examiner, Agra, he sent these articles to the Serologist for examination and report, which was subsequently received.

(3.) THE accused pleaded not guilty. He has stated that all the allegations levelled against him are wholly wrong and incorrect. He has displayed his ignorance about many of the facts relating to the case. He has also stated that he has been falsely implicated on account of enmity. He has further stated that the police of P. S. Colonelganj detained him in the MISA and falsely implicated him in certain cases. He has further stated that in the murder of the brother of Idrish, his older brother Safat Ullah, who was a prosecution witness, did not give the evidence and therefore, Mohd. Idrish generated the feelings of animosity towards him and his brother in collusion with the police got him falsely Implicated in the murder of Rais, who was himself a notorious criminal for the offences like murders and robberies. Consequently the deceased had several enemies.