RAJA DIN Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Appellant Rajadin son of Samay Din through this jail appeal has questioned his conviction under Section 302 IPC and sentence of imprisonment for life recorded by 1st Additional District and Session's Judge, Muzzafar Nagar vide his impugned judgment and order dated 22-7-1997 passed in S. T. No. 37 of 1995 (Crime number 83 of 1994) under Section 302 IPC, Police Station Ratan Puri, District Muzaffar Nagar.

(2.) THE thumbnail description of the factual matrix of the case is that appellant is a resident of village Kalyanpur under police circle Ratan Puri, District Muzaffar Nagar. Deceased Sagir Ahmad was his own son. On 5-8-1994 appellant alongwith his deceased son was sleeping on the second floor of his house when two people climbed on the said floor at 4. 30 a. m. and one of them assaulted Sagir Ahmad on his neck with knife and the other knifed the appellant (informant) causing him injuries. Sagir Ahmad-son of the appellant died instantaneously. THE appellant (informant) raised hue and cry, which attracted many villagers. But the assailants took to their heels and managed to escape before their arrival. Appellant (informant) got the FIR scribed through Mahak Singh son of Shish Ram of his village and sent it to the police station Ratanpuri situate at a distance of 4 km. through Allah Banda P. W. 1 who lodged it at 8. 05 a. m. that day itself as crime number 83 of 1994 under Sections 302/307 IPC. Head Constable Suresh Pal Singh PW 4 prepared the chik FIR (Ex. Ka-2) and GD No. 8 (Ex. Ka-3 ). Fahim Khan S. O. , PW 5 took up the investigation. During investigation the IO recovered blood stained and plain earth from the spot and also recovered a blood stained knife at the pointing out of Abid, another son of the appellant from a box from the house of the appellant. THE box was got open by Abid and the recovered knife was alleged to have been used in the commission of crime by the appellant. THE blood stained earth and the knife were sent for chemical examination and the report of the chemical examiner (Ex. Ka-13) dated 26-4-1995 indicates that it could not be deciphered that the recovered knife contained human blood. THE autopsy on the dead-body of Sagir was conducted on 5-8-1994 by Dr. Alok Shukla PW 6 who found four incised wounds on the body of the deceased. THEse injuries were : (1) Incised wound 6cm x 2 cm on neck trachea deep on right side neck 6cm above clavicle bone. (2) Incised wound 1. 5cm x 1cm skin deep on the right side neck 2. 5. cm above injury No. 1. (3) Incised wound 1. 5. cm x 1 cm muscle deep 1. 5 cm above clavicle bone. (4) Incised wound 2cm x 1 cm muscle deep left side chest just below the clavicle bone in the middle.

(3.) DURING the trial to bring home the guilt of the appellant the prosecution examined six witnesses out of whom Allah Banda PW 1, Smt. Bano PW 2 (Wife of the deceased), Abid Raja PW 3 (Brother of the deceased and son of the appellant) were witnesses of fact. Suresh Pal Singh PW 4 (Head Constable), Fahim Khan S. O. P. W. 5 (Investigating Officer), and Doctor Alok Shukla PW 6 (Post-mortem doctor) were formal witnesses.