KHALIL AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the appellants against the judgment and order dated 30.5.1983 passed by Vth Additional Sessions Judge, Kanpur in S. T. No. 298 of 1982, State Vs. Khaleel Ahmad alias Chhotey Bhaiya and another, under Sections 302 of the Indian Penal Code (in short "the IPC"), Police Station Colonelganj, District Kanpur whereby the accused appellants have been convicted under Section 302 IPC and sentenced to undergo for life imprisonment.

(2.) Since co accused Nasir died during the pendency of the present appeal, the appeal stood dismissed as abated as against him vide order dated 13.10.2014. Therefore, the appeal of Kalil Ahamd alias Chhotey Bhaiya is only being taken up for consideration.

(3.) On 21.5.82 at 8.30 P.M. accused Khalil alias Chhotey Bhaiya son of Abdul Gharoor and co accused Nasir son of Ghulam Rasul came to the house of the complainant (Om Prakash) and asked his brother Ved Prakash alias Chhotey Munna( deceased) to accompany them for a movie. Ved Prakash insisted on taking Ram Ji Srivastava who was present there at that time. Both the accused were reluctant to take him along but then Sri Ved Prakash said that he would not go without Ram Ji Srivastava, so they agreed to take him along with them. All four left the house of the complainant at 8.30 P.M. At about 10 P.M. Ramji Srivastava came running to the informant to inform him that on their way to the theatre , accused Khalil told them that he has to pick one of his friends, whom he had promised to show the movie. At about 9.00 P.M, when they entered a lane which leads to Beconganj through Bazaria Chauraha, both the accused started inflicting injuries on Ved Prakash by their knives and uttered "Saale meri behan par buri nazar rakhne ka maza aaj chakh lo." Ramji Srivastava raised an alarm, on which Sri Mohan Lal Bhatia and others arrived at the spot and challenged the accused persons. Sri Ved Prakash in an injured condition ran towards a public latrine, where he fell down and was assaulted by the accused. On hearing this, Om Prakash rushed to the spot and saw the dead body of his brother lying in a pool of blood at the door of the public latrine. Thereupon he scribed the F.I.R (Ext. Ka.1) at the spot and went to the police station to lodge the report at 22.45 P.M. The original F.I.R is Ext. Ka 1. The chick report prepared on the basis of the said F.I.R is Ext. Ka-3. A case was registered in the G.D vide report No. 48 at 22.45 P.M on 21.5.82. The copy of the G.D. is Ext. Ka 4. The I.O. Sri Nagendra Singh, S.H.O Colonelganj took the investigation of this case in his hand and recorded the statement of Om Prakash at the police station. He visited the spot at 12.45 P.M. He also recorded the statement of Ram Ji Srivastava at the spot. On the next morning, he prepared the inquest report Ext. Ka 6, sketch of the dead body Ext. Ka 7 and Chalan Nash Ext. Ka 8. He inspected the spot and prepared the site plan Ext. Ka 9. He took the blood stained, sample brick and earth and chappal of the deceased and some coins from the spot near the dead body of the victim and prepared the fard Ext. Ka 10 and Ext. Ka 11. On 24.5.82 he arrested the accused Khalil and on his pointing out recovered the knife, allegedly used in the incident. He prepared the fard Ext. Ka 12. After completing the investigation, he submitted the charge-sheet Ext. Ka.13 in the Court.