STATE OF U P Vs. JALALUDDIN

JUDGEMENT

(1.) THE two respondents stood charged under Sections 302/34, I.P.C. and 307/34, I.P.C. in S.T. No. 507 of 1976 before the Sessions Judge, Azamgarh, and they were acquitted by the trial Judge by his judgment dated 29 -10 -77. After the appeal was admitted this Court directed issuance of bailable warrant against the respondents. It appears that the respondent Jalal Uddin failed to appear in time in terms of the bailable warrant and subsequently he was arrested and he was detained in custody. But subsequently an order dated 26 -3 -96 recorded by a Division Bench of this High Court he was granted bail. The other respondent is on bail.

(2.) THE case against them was started on the basis of an F.I.R. lodged at police station Gambhirpur by Kishwari, daughter of Mohammad Amin of Maqdoompur. It was stated in the F.I.R. that the complainant Smt. Keshwari and her mother Smt. Masruful and brother Ali Raja and some children were sleeping in the second storey verandah of their house on the night between 21/22 -8 -76. A lantern was burning in the verandah. At about 12 in the midnight, Jalaluddin and Iqbal came to the verandah through the roof of the house and they started assaulting Smt. Masruful with knives due to old enmity. She raised an alaram which raised the complainant and her brother. The brother went down stairs opened the door and raised hue and cry. The complainant also raised shouts. She too was assaulted by the two accused persons. Their shout attracted the villagers Abdul Salam, Maroof and Jamil and others. They came with lathies and torches into the house of the complainant and they had also seen the accused persons stabing. On the arrival of the villagers the accused persons jumped from the roof and fled to their house. They were identified by the witnesses and the villagers. The complainant and her mother suffered injuries due to knife blows and the condition of her mother was serious. She was taken to the Sadar Hospital, Azamgarh where she died. The complainant was also admitted in the hospital and she got her report written by Abdul Salam and sent it to the police station. This report was received at the police station in the morning of 22 -8 -76 at about 8.45 a.m. and Case Crime No. 141 under Sections 324 and 302, I.P.C. was registered at police station Gambhirpur against the two present respondents and investigation was taken up. Two pieces of rope were seized during investigation which were allegedly used for escape. Blood stained materials were also seized and so were the blood stained clothes and a lantern was also taken charge of during investigation. It was the case of the prosecution further that accused Iqbal and Jalaluddin were searched for incriminating materials but nothing was recovered. The alleged witnesses also produced their torches during investigation which were also taken charge of. It is on record that the Kotwari police station at Azamgarh was informed by the Emergency Medical Officer at District Hospital, Azamgarh, about admission of the injured Smt. Kishwari and about production of the deceased Smt. Masruful in a dead condition and deadbody was kept in the mortuary.

(3.) THE postmortem examination of Smt. Masruful was held on 23 -8 -76 at about 8 a.m. It was the deadbody of a middle aged lady of good built aged about 40 years who died a day ahead of the postmortem examination. Rigor Mortis was present in the lower externitus. The omen -tum was protruding out through the abdomen.