KHUDA BUX @ KODAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned A. G. A. for the State.

(2.) This criminal appeal has been filed by Khuda Bux alias Kodai, S/o Jumrati and Mushtaq Ahmad alias Babloo, S/o Israil under Sec. 374 (2) Cr. P. C. against the judgement and order dated 15.4.2004 passed by the Additional Sessions Judge, Maharajganj in S. T. No. 131 of 2001, arising out of Case Crime No. 701 of 2000, under Section-302 IPC, P. S.-Kotwali Maharajganj, district-Maharajganj convicting the appellants under Section-302 Penal Code and sentencing them to life imprisonment and a fine of Rs. 2000.00 each and in default of payment of fine, one year's additional simple imprisonment.

(3.) Briefly stated, the facts of this case are that on 20.12.2000 complainant Nazib-un-nisa, w/o Bashir gave a written report (Ext. Ka 1) at P. S.-Kotwali Maharajganj at about 20.15 hrs. stating therein that her father-in-law, Jumerati who possessed some land in village-Badhrarani had transferred some portion thereof to her husband Bashir who had further sold it to one Mansoor, resident of the same village and due to the aforesaid reason her father-in-law Jumerati, Khuda Bux alias Kodai, S/o Jumerati and Mushtaq Ahmad alias Babloo, S/o Israil had become inimical towards her and her husband and were always looking out for opportunities to harm them. On 20.12.2000 she had taken her father-in-law Jumerati to the field of Rama Nand Yadav in the south of the village to enable him to ease himself. While her father-in-law Jumerati was easing himself and she was standing nearby, Khuda Bux alias Kodai armed with kudal and Mushtaq Ahmad alias Babloo armed with knife arrived there suddenly and Khuda Bux alias Kodai assaulted her father-in-law with kudal on his head as a result of the injury so received by him, he fell on the ground and thereafter Mushtaq Ahmad alias Babloo started stabbing him. On her raising cries for help, her husband Bashir and several other villagers reached the place of incident and witnessed the same. The assailants escaped towards the east. On the basis of the written complaint of complainant Najib-unnisa, Case Crime No. 701 of 2000 under Sec. 302 Penal Code was registered at P. S.-Kotwali against the appellants and check F. I. R. (Ext. Ka 2) was prepared and relevant entry was made in the general diary vide rapat No. 27 at 20.15 hrs. on 20.12.2000 (Ext. Ka 3). Thereafter the Investigating Officer, S. I. Navendu Kumar Navin reached the place of incident along with constable Rajesh Pandey, constable Dayanath Bhaskar, complainant Nazib-un-nisa and her husband, Bashir by a Government jeep bearing registration No. U. P. 56/4241 which was driven by driver Ram Prasad Mishra and after making necessary arrangements for illuminating the place of incident recorded the statements of the complainant Nazib-un-nisa and thereafter prepared the site plan of the place of incident (Ext. Ka 4) after inspecting the same. He then proceeded to conduct the inquest of deceased dead body of the deceased Jumerati which was lying on the chak road in the north of village Roudhlibhavchak and south of village Matiyarwa, after appointing Rajendra, Rajendra Paswan, Ram Karan, Izhar and Teerath as panch witnesses, and prepared the inquest report (Ext. Ka 5) and other documents, chalan lash (Ext. Ka 6), photo nash, (Ext. Ka 7), letters addressed to the R. I. and C. M. O., Gorakhpur for conducting post mortem of the dead body of the deceased (Ext. Ka 8 and Ext. Ka 9). Thereafter he sealed the dead boy of the deceased and dispatched it for post mortem to District Hospital, Gorakhpur along with Constable Rajesh Pandey and Home Guard Ram Kewal. The Investigating Officer also collected plain and blood stained soil from the place of incident and kept the same in two different containers and prepared the recovery memo (Ext. Ka 13).