ZABIR ALI Vs. STATE

JUDGEMENT

(1.) Heard Sri Mewa Lal Shukla, for the appellant and Sri Rajiv Kumar Mishra, A.G.A., for State of U.P.

(2.) Zabir Ali (the appellant) has filed the present appeal against his conviction and sentence passed by Special Judge (E.C. Act)/Additional Session's Judge, Kanpur Nagar, dated 03.03.1990, in S.T. No. 229 of 1987, (arising out of Case Crime No. 152 of 1987, under Section 307 I.P.C., PS Rail Bazar, Kanpur Nagar), convicting him under Section 302 IPC and awarding sentence of imprisonment for life.

(3.) On the basis of written complaint (Ex-Ka-1) of Rustam Ali (PW-6), FIR (Ex-Ka-14) of Case Crime No. 152 of 1987 was registered at Police Station Rail Bazar, Kanpur Nagar on 31.01987 at 15:05 hrs. It has been stated in the FIR that the first informant was resident of House No. 155, mohalla Sujatganj. On 31.01987, he along with his uncle Kasim Ali and friend Mohd. Ishtiyaq (all residents of mohalla Sujatganj), went to meet Kismat Ali, who was residing at House No. 523, mohalla Faithful Ganj, at his father-in-law's house. They talked, sitting there with Kismat Ali and his father-in-law Mohd. Idrish. They started to move towards Bazar for eating pan. Kismat Ali was about 50 paces ahead to them. They were following him and talking to each other. As soon as Kismat Ali reached in front of House No. 256 of Buddhi Lal, in the lane, then Zabir Ali came from the front side and besieging him caused knife injury. Kismat Ali cried "bachao bachao", then they chased Zabir Ali, who turned and ran away, taking knife in his hand. He could not be apprehended in spite of efforts being made by them. Kismat Ali fell there, drenched with blood. They took Kismat Ali to the police station, on a rickshaw of Zabir Ali, who was residing in front of Mamta Soap Factory. The accused had taken loan from Kismat Ali. When he was demanding his money, then he used to abuse him. Today, in the morning, when Kismat Ali demanded his money from Zabir Ali (the accused), then he had abused him and also threatened. For this reason, present incident has been caused by him at about 2:00 PM. He, his uncle Kasim Ali and friend Mohd. Ishtiyaq witnessed the incident.