ASHFAQ AHMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed by the accused appellant Ashfaq Ahmed son of Abdul Shakoor at present in District Jail, Kota, against the judgment of conviction and order of sentence dated 13.12.1996 of the Addl. Sessions Judge No. 3, Kota in Sessions Case No. 76/1995. Under this judgment and order the accused appellant has been convicted by the learned Addl. Sessions Judge for the offence punishable under section 302 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 500/- , in default of payment of fine to further undergo one year rigorous imprisonment.

(2.) On the Parcha Bayan (Ex.R 1) of deceased recorded by Shri Rajendra Prasad Sharma PW-23, on 1.7.1995 at 9.15 p.m. an FIR was registered at Police Station Sangod District Kota under section 307 IPC against the accused appellant.

(3.) The case of the prosecution is that the deceased Hanif son of Rashid Beg gave this Parcha Bayan to the Investigating Officer PW-23 Shri Rajendra Prasad Sharma at 8.30 p.m. on 1.7.1995 in the Government Hospital, Sangod. As per this Parcha Bayan the deceased Hanif after closing his shop at about 8.00 p.m. on that day was going to his house in Barbhujon Ki Gali near the house of Patwari Prabhu Lal, he was intercepted by the accused appellant who was carrying a knife in his hand and with an intention to kill him inflicted 3 - 4 blows by it on the right side of his abdomen. From the injuries the blood started oozing out and he fell down. In the Parcha Bayan it is stated that the injured Hanif stopped talking and his thumb impression was taken. The injured Hanif was shifted to Government Hospital, Kota where he died on 3.7.1995. His post mortem was conducted on 3.7.1995 at 10.10 a.m. After the death of Hanif, case was converted under section 302 IPC. The accused appellant was arrested and two investigating officers after completing the investigation in the matter, submitted the charge - sheet in the court of Judicial Magistrate, Kota, who committed the case for trial to the Court of Sessions.