(1.) Accused-appellant Shahadat has been convicted under Section 302, I.P.C. and sentenced to life imprisonment by Sri Usha Kant Verma, the then IIIrd Additional Sessions Judge, Kanpur in S.T. No. 282 of 1979. Aggrieved, he has preferred this appeal before this Court. There was another co-accused Munna who was tried under Section 302 read with Section 34, I.P.C. but he was acquitted.
(2.) The case relates to the murder of one Abdul Aziz alias Palle on 15-8-1979 at about 12.30 p.m. The report was lodged the same day at 2 p.m. by Khalil. The case of the prosecution as per F.I.R. and the evidence adduced in the Court below was that on the fateful day at about 12.15 p.m., Khalil P.W. 2 was going to the house of his Khaloo Meera situate in Colenlganj, Kanpur. When he reached near the house of Ajmeri on way, he saw the accused-appellant Shahadat and his maternal uncle Salim exchanging hot words. Co-accused Munna was also present there. Khalil advised Shahadat that he should have consideration for Salim as he was older than him. Accused-appellant felt annoyed by such intervention of Khalil. He abused and pushed him by jaw fiercely. Khalil fell down and sustained injury in the back of his head. Weeping, he went to his house with Salim and narrated the incident to his own brother Abdul Aziz alias Palle deceased. Abdul Aziz, Rashid and Salim along with Khalil proceeded to confront Shahadat. They saw Shahadat and Munna conversing with each other. Deceased Abdul Aziz alias Palle demanded an explanation from Shahadat about his misbehaviour. It infuriated Shahadat and Munna who used abusing language as to how could they dare to question one of them, namely, Shahadat, Munna caught hold of the hands of Palle and Shahadat pierced his Karoli in his stomach. When Rashid and Khalil rushed to catch hold of Shahadat, he brandished his Karoli at them and both of them, namely, Shahadat and Munna fled away towards the direction of the well. On receiving the Karoli blow Palle had fallen down on the ground. He was taken to the U.H.M. Hospital by Khalil, Rashid and Salim and was examined there by Dr. D. K. Tewari at 1.20 p.m. He was declared to be dead. The investigation of the case was made as usual whereafter accused-appellant and co-accused Munna were charge-sheeted. Khalil was also examined by the same Doctor five minutes later. Leaving the dead body of Palle there, Khalil proceeded to the Police Station, Bajaria and lodged the F.I.R. Ext. Ka-2 there at 2 p.m.
(3.) It would be appropriate to state here that as per injury report Ext. Ka-3 of Khalil of 15-8-1979 prepared at 1.25 p.m., he had suffered traumatic swelling 4 cm x 2 cm with lacerated wound 1 cm x 5 cm x scalp deep, bleeding at the back of the head 3 cm above occipital region, one abrasion 1/4 cm x 1/4 cm on the left cheek and one linear abrasion 2 cm on the front side of the right fore arm 4 cm above wrist joint. Such injuries had been caused by hard object and were fresh at the time of examination as per testimony of Dr. D. K. Tewari DW 3.