SARFARAZ Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal has been preferred by appellants Sarfaraz and Abdul Jabbar against the judgment and order dated 16 -8 -1982, passed by learned IInd Addl. Sessions Judge, Allahabad in S.T. No. 419 of 1980 convicting and sentencing appellant Sarfaraz and Abdul Jabbar to life imprisonment for the offence punishable under Section 302, I.P.C. and 302 read with Section 34, I.P.C. respectively.

(2.) APPELLANT Abdul Jabbar died during the pendency of appeal as such the appeal against him stood abated vide order of this Court dated 10 -7 -2007.

(3.) ON the basis of this written report Ext. Ka -1, Head Constable Kesh Narain PW5 prepared a chick report Ext. Ka -3 and made entry in the G.D. Ext. Ka -4. PW9 S.I. Avadh Raj Singh in whose presence this case was registered took up the investigation. He arrested the two appellants on 24 -10 -1979 and on the basis of statement of appellant Sarfaraz on his pointing out recovered and sealed the knife by which he had caused injuries to Nazim. The knife was recovered from the back side of the house of appellant Sarfaraz in presence of witnesses Abbas Naqvi, Sayed Zamir, Haider (PW6). Its recovery memo Ext. Ka -5 was prepared. He prepared site plan of the place of occurrence, Ext. Ka -7. He took into possession the blood stained and simple earth from the place of occurrence and sealed them and prepared its Fard Ext. Ka -1 and after completing the investigation remitted the charge -sheet Ext. Ka -10 against the two appellants. The Investigating Officer prepared the inquest report and after preparing necessary papers for the post -mortem sent the dead -body to the Government Hospital, Allahabad.