NASEEM ALIAS BHATEY Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 10 -12-1980 passed by the then Addl. Sessions Judge, Metropolitan Area, Kanpur convicting the appellant under Section 302, I.P.C. and sentencing him to imprisonment for life.

(2.) This case relates to the murder of Ali Hasan alias Pallar who is said to have been stabbed at about 11 p.m. on 27-8-1980 by the appellant in front of the shop of Kallu Cyclewala in Mohalla Chamanganj lying within the circle of police station Rai Purwa Kanpur. The case of the prosecution is that at the aforesaid time the deceased Ali Hasan alias Pallar and accused Naseem alias Bhatey were passing in front of the shop of Kallu Cyclewala and were talking to each other. The accused was demanding his share from the deceased and then hot words were exchanged between the deceased and the accused during, the course of which accused took out a knife from his pocket and inflicted one injury in the abdomen of the deceased . The incident was witnessed by Ali Husain PW 1 the brother of the deceased. Mohd. Sami PW 2 and Amar Hasan PW 8. The residential house of the deceased was situate only at a distance of about 20 paces from the place of occurrence. On hearing shrieks, Bawan PW 3 father of the deceased also rushed to the spot and saw the accused running from the place of occurrence. Ali Hasan alias Pallar was then moved to hospital in injured state by the father and his brother Ali Husain PW 1, Dr. P.P. Gupta PW 5 medically examined Ali Husain on the same night at 11.30 p.m. and he noticed the following injury on his person. "Incised wound left side abdomen with loop of intestine coming out size 8 cm x 4 cm x cavity deep". The injury was fresh and X-ray was advised. Since the injured was in precarious condition, he was admitted in the hospital where he succumbed to his injury in the next morning at 8.55 a.m.

(3.) Dr. J.P. Yadav PW 4 conducted the post mortem examination on the dead body of Ali Husan and he found following ante mortem injuries : 1. A horizontal stab wound with clean cut margin, 7 cm. x 3. 5 cm. X abdominal cavity deep, on the left side, 5.5. cm. Below and lateral to the unbilicus tapering medially with the small intestine protruding. 2 . A horizontal incised wound, with clean cut margin, on the right waist line 2.75 cm x 0.75 cm x muscle deep, 2 cm lateral to the midline, of the back and 1.5 cm below the upper border of the right pelvic bone. 3. One cut open and stitched surgical wound 1 cm long cm the right lower leg.