SHAKOOR Vs. STATE

JUDGEMENT

(1.) This appeal arises out of judgment and order of Shri R. N. Agarwala, the then I Additional Sessions Judge, Rampur in Sessions Trial No. 75 of 1979 whreby he has convicted accused Hanif under Section 302, I.P.C. and accused Shakoor under Section 302 read with Section 34, I.P.C. Accused Hanif has been sentenced to life imprisonment and to pay a fine of Rs. 200.00 and accused Shakoor has been sentenced to imprisonment for life and to pay a fine of Rs. 100.00 and in default of payment of fine to undergo one month's R.I. more.

(2.) The facts of the case are, that Babban, the informant lodged FIR on 14-11-1978 at about 8.30 p.m. at Police Station, Swar of District Rampur that in the morning of 14/11/1978, the son of accused Shakoor had thrown brickbats in the house of Haji Abdul Haq when he had gone out. Abdul Khaliq, the grandson of the informant went to make a complaint to Shakoor in front of his house at about 8.00 p.m. on the same day (14-11-1978), in the meantime, the son of accused Shakoor, namely, Hanif brought a knife from his house and started to advance filthy abuses. On hearing the alarm, Amir Ahmad, Farzad (PW-3) and Shabbir (PW-2) came there. In the meantime, Shakoor caught hold of Abdul Khaliq from behind and asked his son "what was he looking, kill the Ssala." On this exhortation, accused Hanif Assaulted Abdul Khaliq in the abdomen by knife. The informant and other persons saw the occurrence in the light of electricity. On the exhortation given by the informant, both accused fled away towards north in the Gali, Abdul Khaliq rushed to his house unsteadily and fell down in an unconscious State. While the victim was being taken to the police station, he succumbed to his injuries in the way. The informant went to the police station and dictated the FIR to the Constable. He recorded the FIR in the Chick and a case was registered in the G.D. A copy of the FIR is Ext. Ka-1 on the record of the lower Court. Thereafter, other formalities, inquest etc. were completed. The dead body was sent for postmortem examination. PW-5, Dr. N.M. Agarwal of District Hospital, Rampur conducted the postmortem examination on 15-11-1978 at 4.00 p.m. and found the following injuries on the person of the deceased:-1. Incised stabwound 2. 5cm x 1cm x chest and abdominal cavity deep on right side chest, 17cms below nipple at 7 O'Clock position in VIII intercostal space and the wound was having direction backward, inward and upward. 2. Incised stab wound 2cm x 2cmxchest and abdominal cavity deep on right side chest, 3cm outer and below to injury No. 1 The wound was having direction backward and inward.

(3.) On internal examination, the Doctor found thorax cut. He also found incised wound in the walls, ribs and cartilages in right VIII and X in the scal (sic) space under both the injuries. In the abdominal cavity 1 1/2 pint blood was found and in the stomach there was 10 ounce semi digested food.