SAJID Vs. STATE

JUDGEMENT

(1.) THESE are two interconnected criminal appeals arising out of the same judgment and order dated 12.7.1982 passed by the Sessions Judge, Gorakhpur in S.T. No. 27 of 1982, which are being disposed of by this common judgment.

(2.) CRIMINAL Appeal No. 1688 of 1982 has been preferred by Sajid who has been convicted and sentenced to life imprisonment under Sections 302 read with Section 34, I.P.C. and CRIMINAL Appeal No. 1722 of 1982 by Manager alias Azmat who has been convicted and sentenced to life imprisonment under Section 302, I.P.C. simiplicitor.

(3.) ON 8.8.1991 at about 4 p.m. when Sriram was standing by the shop of Vishwa Nath, near Bari Masjid, Manager and Sajid arrived there. Sajid exhorted that the 'sala' should be killed and he should not be allowed to escape. At that time Manager fired at the deceased, Sriram. Sriram had appeared as a witness against Sajid in one case, because of which Sajid was inimical to him. After receiving the injury Sriram fell down and Manager and Sajid escaped after giving threats to the persons nearby. This incident was witnessed by Jamal, Israr (P.W. 4), Hira (P.W. 3) and other neighbours. ON hearing the news of the incident the informant arrived at the spot. By that time some persons had already carried Sriram to the hospital in an injured condition. Radhey Shyam lodged the report under Section 307 I.P.C. at Case Crime No. 635 of 1981 (Ext. Ka-2) at P.S. Kotwali Sadar, Gorakhpur, which was one km away, at 5.10 p.m. The chik report was prepared by Head Moharrir Ramayan Yadav (P.W. 7) who also made an entry in the general diary and registered a case under Section 307, I.P.C.