AKHLAKH AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant criminal appeal is arising out of judgment and order dated 14.4.1983 passed by the Sessions Judge, Bulandshahr in S.T. No. 413 of 1981 vide Case Crime No. 207 of 1981, under Sec. 302 IPC, P.S. Siana, District Bulandshahr whereby the appellant was convicted and sentenced for life imprisonment.

(2.) The genesis of the prosecution case is arising out of the First Information Report lodged by Shuaib Alam (P.W -1), the son of the deceased Mohd. Shafi on 14.9.1981 at 6.20 P.M. It is stated therein that his father has settled two shops and a Kotha in Rs. 30,000/ - but his uncle Akhlakh Ahmad, the present appellant was bearing grudge as he wanted to take the shops and Kotha. On the day of occurrence i.e. 14.9.1981 when the complainant and his elder brother Aftab Alam (P.W -2) were sitting along with his father Mohd. Shafi in front of the room on the first floor his uncle Akhlakh Ahmad, the present appellant arrived there at about 5 P.M. used abusive language and demanded Rs. 10,000/ - from his father. The complainant's father asked him that firstly he should get his name mutated and thereafter he should talk about the selling of the property. At this the appellant was infuriated and asked Mohd. Shafi that now he will tell as to how he will get his name mutated and started assaulting him with knife. The complainant screamed and on his cry Abdul Rahman and Babu, the neighbours arrived there and the appellant ran away along with knife after getting down the stairs. The complainant's father died on the spot. The deceased was taken down on the cot. Thereafter the complainant went to lodge the FIR. The report was written by Clerk Ram Manohar Singh at about 6.20 P.M. as case crime No. 207 of 1981, under Sec. 302 IPC. On the basis whereof he prepared the chik report which was exhibited as Ka -1 and Ka -4 respectively and the same was entered in the general diary (Ext. Ka -5). The criminal law was set into motion and the investigation was handed over to Hukum Singh (P.W -5) who had recorded the statements under Sec. 161 Cr.P.C. of the complainant Shuaib Alam. The investigating officer and Clerk Ram Manohar Singh proceeded to the place of occurrence and taken the custody of the dead body of the deceased Mohd. Shafi and prepared his inquest report (Ext. Ka -6), sketch of the dead body (Ext. Ka -7), challan (Ext. Ka -8) and letters for conducting postmortem which were exhibited and proved by him as Ext. Ka -9 and Ka -10 respectively. The dead body was carried for postmortem through Constable Dhir Singh (P.W -4) and Constable Ranvir Singh along with relevant papers. The investigating officer further prepared two memo regarding recovery of blood stain which was found on the cement floor and kept in the sealed cover exhibited as Ka -11 & Ka - 12. He had also prepared the site plan with the help of Aftab Alam, another son of the deceased and the brother of the complainant and recorded the statements under Sec. 161 Cr.P.C. of various other persons. He also conducted the investigation on 16.9.1981 and thereafter the case was handed over to Station House Officer R.P. Bakshi who after collecting the clinching materials submitted the charge sheet against the appellant which was marked as Ext. Ka -13. The autopsy of the deceased Mohd. Shafi was conducted by Dr. V.C. Goel (P.W -3) on 15.9.1981 at 4 P.M. and following ante -mortem injuries were found:

(3.) Incised wound 1/2 x 1/2 cavity deep on the left side front of chest 4" below injury No. 2;