WASIM @ BILLU Vs. STATE

JUDGEMENT

(1.) Heard Sri Rajarshi Gupta and Sushri Shakshi Kesherwani, learned Advocates holding brief of Sri Dileep Kumar - learned counsel for the appellant, Sri A.N. Mulla and Sri J.K. Upadhyay, learned AGAs for the State and perused the record of this appeal.

(2.) By way of instant criminal appeal, challenge has been made to the judgment and order of conviction dated 22.04.1991 passed by IV Additional Sessions Judge, Bijnor, in Sessions Trial No.394 of 1990 State v. Wasim @ Billu, arising out of Case Crime No. 261 of 1990 , under Section 302 IPC, Police Station Kotwali City, District Bijnor whereby the appellant has been sentenced to life imprisonment under Section 302 IPC.

(3.) Terminus a quo-of this case is rooted in the written report (Ext. Ka-1) moved by informant Zamiruddin son of Hasinuddin, resident of Kassaban, Police Station Kotwali City, District Bijnor, against the present appellant with the specific allegations that the accused-appellant came to take fodder at his shop yesterday in the evening at 6:00 p.m., at that point of time informant and his father were present in the shop. The informant's father asked him to make payment for Rs. 80/- which were due to him and then only he will give fodder to him. This infuriated the accused-appellant and he extended vituperation on the informant and his father and also threatened them. Several persons say Irshad Ahmad, Mohd. Haneef, and Mohd. Mirdgan pacified informant's father that the accused is a vulgar person, let him say so. Today (04.04.1990), the informant and his father were selling fodder in Gasmandi, it was around 3:30 p.m. when Wasim @ Billu came to the fodder laden-cart (used as shop) and asked the informant's father as to why fodder was not given yesterday and all of sudden he whipped out a knife and said that he will settle the score today and with the intention to kill gave knife blow on the neck of his father, which caused deep cut on his neck and he fell down in pool of blood. The informant along with few others raised alarm, whereupon, several persons pursued Wasim @ Billu then he made his escape good towards jail quarters having blood stained knife in his hand. The informant's father was taken to the hospital where the doctor after examining him declared him dead. The accused-appellant Wasim @ Billu is well known to the informant and he is a notorious person. The dead body of the informant's father was lying in the hospital, therefore, request was made that appropriate action be taken after lodging of the first information report. The written report was scribed by Harsh Kumar Sharma son of Ram Kumar Sharma, Gurudwara Road, Bijnor. This written report is Ext. Ka-1.