RAIS Vs. STATE

JUDGEMENT

(1.) Present criminal appeal has been preferred by appellant Rais @ Parwez Ansari son of Wali Mohammad Ansari R/o Chasiapura, Police Station- Mahoba, District- Hamirpur against judgment and order of conviction and sentence dated 21.12.1985 passed in Sessions Trial No.49 of 1985, State Vs. Rais Alias Parwez Ansari, under Section 302 IPC arising out of Case Crime No.192 of 1984, Police Station- Mahoba, District- Hamirpur, whereby the appellant has been sentenced with life imprisonment.

(2.) Prosecution story, as reflected from perusal of the record, appears to be that one Sheikh Sahadat son of Munauwar R/o Pathanpura town and Police Station-Mahoba, District-Hamirpur lodged a written report at police station- Mahoba on 29.7.1984 at 11.00 a.m. to the effect that while complainant along with his brother Nisar Ahmad and Mohammad Idris (son of Sheikh Sahadat) were opening their bangle shop in Sabzimandi, Mahoba Kasba, when Rais alias Parwez Ansari son of Wali Mohammad Ansari R/o Chasiapura-Kasba, Mahoba was passing by the side of his shop on bicycle, his brother Nisar Ahmad stopped him and asked for payment/cost of bangles, but he refused to make any payment and on the contrary, he got agitated and abused filthily. Nisar Ahmad again asked for the money and said that he is poor man and he will ask for payment. This infuriated the appellant and he threatened that he will teach him a lesson and thereafter started assaulting his brother with knife and gave 3-4 knife blows on his neck and stomach. The incident was witnessed by Mohammad Rasheed son of Gulab R/o Pathanpura, Mohammad Rais son of Ibrahim R/o Maniharin Pura, Mahoba and Mumtaj son of Mohammad R/o Pathanpura, who challenged the assailant, the assailant made his escape good from the place of occurrence. The complainant along with his son Mohammad Idrish took the injured (Nisar Ahmad) to the hospital and got him admitted there at 9.00 a.m. but soon after he died. Report be lodged and action be taken. First information report is Exhibit Ka-1 and Chik FIR is Exhibit Ka-6 on the record.

(3.) Record reflects that doctor G.S. Pandey P.W.3 medically examined injured /deceased Nisar Ahmad son of Munauwar at the Government Hospital, Mahoba at 9 a.m. on 29.7.1984, (till then the injured was alive), and he found following injuries on his person: