Quadri, J. - (1.) This criminal appeal, by Special Leave, is directed against the judgment of the High Court of Allahabad in Criminal Appeal No. 878 of 1977 dated 24th July, 1984, confirming the conviction and sentence of the appellant for offences under Sections 302/34 and 323/34, IPC and sentencing him to life imprisonment and rigorous imprisonment for six months respectively for the said offences. The appellant and three others (Nizamuddin, Hafiz and Siddiqui), on their denial of charges, were tried for offences under Sections 302, 302/34 and 323/34, IPC by the learned IInd Additional Sessions Judge, Azamgarh, for committing the murder of Shaukat Ali (hereinafter referred to as 'the deceased') on March 19, 1976 at 2 p.m.
(2.) The gravamen of charge against the appellant is that the said persons of whom Nizamuddin was armed with knife and the appellant, Hafiz and Siddiqui were armed with lathis, beat the deceased and killed him. PW-1, Mohammad Umar, PW-3, Ali Hamza and PW-5, Mohammad Hanif are eye-witnesses. Their statements before the Court show that Nizamuddin dealt blows with knife and Siddiqui dealt blows with lathi. Mohd. Umar, Mohd. Hanif and Ali Hamza tried to intervene but they were attacked with lathis by the appellant and Hafiz. It is thus clear that no overt act in regard to assaulting the deceased is attributed to the appellant. In the F.I.R. also, no overt act is attributed to the appellant.
(3.) Dr. G. S. Chaturvedi, Senior Physician, who conducted the post-mortem examination on the dead body of the deceased found the following ante-mortem injuries on the body of the deceased: "1. Incised wound oblique 2 cm x 1/4 cm x muscle deep over left arm below parts 6 cm below lap of shoulder. 2. Incised wound oblique 4 cm x 1 cm x scalp deep over the left side of back of head 12 cm pack (back) and above left ear. 3. Stab wound oblique 2 cm x 1 cm x chest cavity deep over left back of chest. 2 cm below inferior angle of left scapula. Direction of wound from behind forward and medically cutting the muscle and soft tissues. It had also cut pleurae and lower and of left lung through and through 1-1/4 cm x 1/4 cm. 4. Incised wound vertical 1-1/4 cm x 1/4 cm x muscle deep over left side of strive. 5. Incised wound 2 cm x 1/4 cm x muscle deep oblique over left side back chest. 24 cm below the angle of left scapula." [Quoted from the paper book] The death was caused due to the said injuries. All these injuries were caused by a sharp-edged weapon. None of the injuries can be said to have been inflicted with a blunt weapon like lathi.;