NASIM ALIAS KALLU Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal is directed by the appellant Nasim alias Kallu against the judgment and order dated 24 -6 -1980 passed by Sri P. Chandra, the then Sessions Judge, Bijnor in Sessions Trial No. 148 of 1978. He has been con ­victed under Section 302, IPC and sen ­tenced to life imprisonment.

(2.) THE appellant alongwith four others had been put on trial. His other four co -accused were acquitted but he was con ­victed and sentenced as stated above.

(3.) ON the day of the occurrence at about 7 p.m., PW1 Shamim and his uncle PW 2 Abdul Shami were sitting in their Sahan on i cot. At a distance of 5 -6 - paces towards the southern side Dal (Pulses) was being cooked on a Chulha in an earthen pot. The pot was covered by an aluminium plate. They were engrossed in conversa ­tion. The accused -appellant Nasim alias Kallu came with a Chilam in his left hand. His right hand's fist was closed. He sat near the Chulha and placed his Chilam on the ground. The prosecution case is that he put something inside the cooking pot which was on fire for removing the lid. The atten ­tion of PW 1 Shamim and PW 2 Abdul Shami was drawn when there was sound produced by the replacing of plate on cooking pot. They saw at that time that palm of the right hand of the accused -ap ­pellant was open and it was no longer closed into a fist. The prosecution case is that right fist of the accused -appellant presumably contained poison which he dropped in the cooking Dal after removing the lid while filling his Chilam from the burning Chulha as a pretext. When the attention of PW 1 Shamim and PW 2 Abdul Shami was drawn by the sound of replacement of the plate from the cooking pot by the accused -appellant, they had asked him also as to what was he doing and he had replied that he was just seeing as to what was cooking inside the pot. After reputting the plate on the cooking pot and filling his Chilam with fire, the accused -ap ­pellants went away. At that time the remaining four accused were standing in their Gher waiting for Nasim alias Kallu. Their Gher was in the southern side across the road.