ZAHID ALI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal by Zahid Ali, who was convicted by Sessions Judge, Mainpuri under section 302 IPC and sentenced to imprisonment for life by his order dated 3-8-77.

(2.) THE charge against the appellant was that on 22nd October 1976 at about 1 p. m. in Mohalla Chhapatti, police station Kotwali in the town of Mainpuri, he committed murder of Jamil alias Bhalle. THE occurrence is said to have taken place while Jamil was going to the market and was passing in front of the house of Smt. Sappa. It is alleged that the appellant suddenly came out from the house of his sister Smt. Sappa and gave a single knife blow on the abdomen of Jamil. He then took out the knife and ran away. THE occurrence is said to have been witnessed by PW 2 Shahab Uddin and PW 3 Latif. THE first information report of this occurrence was lodged by Mazhar Hussain, brother of the deceased at police station Kotwali which was at a distance of five furlongs from the spot, soon after this occurrence at .2.05 p. m. As regards the motive, it was alleged in the first information report that a quarrel had taken place between the appellant and the deceased two days back.

(3.) ON the basis of the report lodged by PW 1 Mazhar Hussain at 2.05 p. m. on that day a case under section 324 IPC was registered against the appellant and investigation was entrusted to S. I. Vikram Singh PW 9. He interrogated the informant at the police station and went to the spot where he recorded the statements of Latif and Shahabuddin, inspected the spot and prepared site-plan Ex. Ka-14. He searched for the accused but he was not found. He then went to the District Hospital bit Jamil alias Bhalle had succumbed to his injuries on the same day at 4.45 p.m. At about 6.30 p.m. the Investigating Officer prepared inquest report and other papers and sent the dead body for postmortem-examination.