ISLAM Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order dtd. 17/7/1990 passed by the IV Additional Sessions Judge, Saharanpur convicting the appellant and sentencing him to life imprisonment in Session Trial No. 633 of 1988 registered under Sec. 302/34 IPC.

(2.) The prosecution case is that Islam, i.e., the appellant and co- accused Naseem were the nephews of Mehmoodan. There was some property dispute between Mehmoodan and the accused who wanted to usurp the land of Mehmoodan. The first information report states that on 2/11/1987, at 06:00 a.m. Mehmoodan was going to answer the call of nature and when she was near the 'gher' of Inam Ilahi, the accused along with Altaf and Yamin assaulted her with Palkati (axe). When Mehmoodan cried for help, Shareef Ahmad, the first informant, as well as Mehardin, Hanif, Jarif Ahmad, Urmi, Kallu and some other persons rushed to the spot and saw the accused dragging Mehmoodan and assaulting her with Palkati. On seeing the informant, the assailants fled from the scene. Mehmoodan died due to injuries on her neck which were caused by the axe. The first information report was lodged at 08:30 a.m. on 2/11/1987. The distance between the police station and the place of incident is shown in the chik FIR as 9.5 Kms. The written report was marked as Exhibit Ka -1 and the chik FIR was marked as Exhibit Ka-14 in the trial court.

(3.) The axe stained with human blood was recovered from twenty steps away from the dead body of Mehmoodan (hereinafter referred to as, the 'deceased') and a recovery memo was prepared which was marked as Exhibit Ka-9 in the trial court. The stained clothes of the deceased and the jug carried by her were also collected and the recovery memo of the items was marked as Exhibit Ka-10 in the trial court. Blood stained soil and plain soil were also collected by the police from two different spots and recovery memos of the same were marked as Exhibits Ka - 11 and Ka - 12 in the trial court.