KALU Vs. STATE OF U P

JUDGEMENT

(1.) Kalua and Hafeez have filed Criminal Appeal No. 870 of 1977 and Mohammed Saeed alias Saidu has filed Criminal Appeal No. 873 of 1977 against the judgment of the Sessions Judge, Bulandshahr dated 30/4/1977 passed in connected session trials Nos. 298 of 1976 and 369 of 1976 convicting them under Section 302/34 Indian Penal Code and sentencing them to life imprisonment.

(2.) The case of the prosecution as narrated by Mohammad Saddiq (P.W. 1) is that Mohammad Shafi deceased was with him on the day of occurrence. Kalua appellant wanted to employ the deceased and send him to Bombay where his buffalos and bullocks were sent but the deceased did not want to go to Bombay. On 2/5/1976 at about 2 p.m. Mohammad Shafi deceased brought fodder on a buffalo cart and parked the said cart under a Peepal tree in mohalla Sarai Qazi in the city of Bulandshahr. After he had carried a bag of fodder to the house of Mohammad Saddiq (P.W. I) and was coming back and had reached in front of the house of Kamalu the three appellants surrounded him and Kalua, appellant told the deceased that he would teach him a lesson for not working with him. Hafeez appellant then caught the hands of the deceased and Kalua and Mohammad Saeed appellants assaulted him with knives. The deceased after receiving injuries raised an alarm and jumped from the cart. When the witnesses challenged the appellants they ran. An attempt was made by the witnesses to catch them but it was unsuccessful. The deceased was thereafter taken by Mohammad Saddiq (P.W.) to the hospital where his injuries were examined by Dr. S. S. Das (P.W. 5) at 3.50 p.m.

(3.) The dying declaration of the deceased was recorded by Ram Kripal Singh Magistrate (P.W. 7) between 5.15 and 5.35 p.m. on the same day (2.5.1976) which runs as follows: Bahalaf bayan kiya ki chakku Saeed urf Sadu va Kallu bapka nam Ibban ne mara hai. Wah napar ki gathari lekar ke ghar dalne aya tha. Ek gathari Bhaisa thela me rakkhi thi. Isi beech Hafeez wa Saeed wa Kallu ne Kaha ki wah unke yahan naukari kare. Na karne par usejan se mar dege. Isi beech nana kame par Hafeez ne kaha ki usko Chakku maro. Saeed wa Kallu ne chakku mare. Inhone gali galauj bhi baki thi. Maine koee gali nahin dithi. Kam unke yahan se chhorane par we log ranjish mante the. Maine kisika jheanths nahin nahia liya hai. Aur koee bat nahin kahani hai.T