ALI AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) Au Ahmad has filed this appeal against the judgment of the Session Judge, Bijnor dated 7-6-1979 passed in Session Trial No. 149 of 1978 convicting him under Sections 302 and 324 of the Indian Penal Code and sentencing him to life imprisonment and three months rigorous imprisonment respectively. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution is that Sattar Ahmad deceased was the elder brother of Ashfaq Ahmad. Their houses were near each other in Qasba Tajpur. Ali Ahmad appellant lived in the same house in which the deceased lived. The appellant told the deceased many times before the occurrence that he should construct a wall in their common court-yard but the deceased said that he was poor person and that he would construct the wall when he has money. On 3-4-1978 at about 12.30 p.m. while Smt. Saira Banu (P.W.1) the wife of Ashfaq Ahmad was in the house of the deceased talking to the wife of the deceased the deceased came inside his house and began to wash his hands. In the meantime the appellant came there and told him to construct the wall. When the deceased replied that he would do so when he had money the appellant abused him and picked up an iron rod (Saria) and tried to assault him but it did not hit the deceased as he stepped back. The appellant then took out a knife from his pocket and gave a blow with it to the deceased. When Km.Mehshar (P.W. 3) the daughter of Ashfaq Ahmad and Smt.Haneefa the wife of the deceased tried to save the deceased they were also assulted by the appellant with his knife. The deceased after receiving knife injury ran a few paces and fell down and died. The appellant went near the body of the deceased and started swinging the iron rod (Saria) and knife and saying that if anyone come to help the deceased he would also be assaulted. In the meantime-three constables who were on patrol duty came inside the house of the deceased and arrested the appellant and recovered the iron rod and knife from his possession.

(3.) The appellant, Smt. Saira Banu (P.W. 1) and Km. Mehshar (P.W. 3) were taken to Police Station, Noorpur by constable Jiley Singh (P.W. 5) and the first information report was lodged there by Smt. Saira Banu (P.W. 1 ) at 2 p.m. on the same day (3-4-78), the distance of the Police Station from the place of occurrence being six kilometers.