MUQID Vs. STATE OF U P

JUDGEMENT

(1.) The appellant stood convicted under Section 302, IPC in ST No. 360 of 1980 and was sentenced to undergo life imprisonment by an order dated 15-11-1980 recorded by the Nth AddI. Sessions Judge, Mainpuri. Upon appeal, he was directed to be released on bail by an order of this High Court dated 21-11-1980 and he was so released. On a date of hearing neither he was available nor was there ay appearance on his behalf and, as such, the Court had directed issuance of a warrant to arrest against him. Subsequently, however, his learned Counsel appeared and was ready to argue the appeal and, as such, execution of the warrant was stayed till the date of hearing and the stay order was directed to remain in operation till pronouncement of the judgment.

(2.) The prosecution case was initiated when an FIR in case Crime No. 138 of 1978 under Section 302, IPC was lodged at Police Station Shikohabad, District Mainpuri, at about 8.15 p.m. on 21-2-1978 on the report of Mohd. Hanif. The FIR spoke of an incident that took place at about 7 p.m. on that very date. According to the report of Mohd. Hanif, his brother Bhurey owed a sum of money from Muquid on account of unpaid wages. On the date and time of incident Mohd. Hanif and his brother Bhurey were returning from Sabzi Mandi when they met Muquid and his father Chhotey near the shoe shop of Gyas. Bhurey demanded his due from Muquid and they took ill of it and an oral dual commenced between them (KAHAN SUNAN HONE LAGI). It was stated that Chhotey Khan uttered that this man had lost his balance and he would be paid his money. Uttering these words. Chhotey Khan caught hold of Bhurey and Muquid took out a knife from his pocket and stabbed Bhurey causing serious injuries. When the oral quarrel was going on Mohd. Sharif, Banney, Mohd. Rafiq and Nizamuddin as also others had assembled there. They had also seen the incident. After causing injuries to Bhurey and taking him to be dead, the assailants fled towards Mainpuri road, Bhurey was being carried to the hospital but he breathed his last on the way. He was taken to the police station and an oral report was made which was reduced into writing. During investigation, blood-stained bricks and non-stained bricks were recovered from the spot. An inquest was made on the dead-body and, thereafter, it was forwarded for post-mortem examination. The doctor held autopsy on the dead-body of Bhurey on 22-2-1978 at about 2.15 p.m., the dead-body was identified by Constables Gyan Singh and Raghunath Singh of Shikohabad Police Station. It was the dead-body of a male aged about 22 years and almost a day had passed since the time of death. There was one incised wound of 2 cm x 1 cm x 2 cm deep on the outer side of left arm on the lower part. A second incised wound of 4 cm x 1/2 cm into muscle deep was also thereon the back on the left forearm, again in the lower part and third incised wound was found having a dimension of 2 cm x 2 cm x cavity deep on the abdomen and through this incision the omentum had come out. The spot was about 4-1/2 cm above the umbilicus. On internal examination, the peritoneum was found perforated corresponding to injury No.3. The stomach was also found perforated death was due to shock and haemorrhage as a result of injury No.3. The doctor found a kurta a baniyan and one pant on the dead-body, which was made over to the accompanying constables.

(3.) The trial Judge framed a charge under Sections 302/34, IPC against Muquid and Chhotey to which each of them pleaded not guilty. The prosecution examined 7 witnesses. The accused persons were examined under Section 313, Cr. P.C. and through his judgment, as aforesaid, Chhotey Khan was acquitted and the present appellant was convicted and sentenced. The State had not preferred any appeal against the order of acquittal.