Decided on January 09,2012

Afzal And others Appellant


U.C. Dhyani, J. - (1.) ON an FIR lodged by Karam Elahi, brother of victim with P.S. Haldwani on 26.12.1997 at 7:45 p.m., the criminal law was set into motion for killing of Matloob by appellants Afzal, Saleem and Mansur. The incident took place on 26.12.1997 at 7:00 p.m. and the FIR was lodged the same day at 7:45 p.m. The distance between the place of occurrence and police out post was 2 Kms only. Hence, there appears to be no delay in lodging the FIR.
(2.) THE FIR was lodged by Karam Elahi to the effect that his brother Matloob used to deal in purchase and sale of buffalos. About 8 -9 months before the incident, accused Saleem had purchased a buffalo form his brother. A sum of Rs. 2,000/ - was due against Saleem. When Matloob Elahi demanded money from him, he did not pay the same. Saleem committed marpeet with Matloob Elahi. A police report to this effect was lodged in the P.S. concerned. A criminal case was pending against Saleem in the court. Since then Saleem and others were inimical to Matloob. On 26.12.1997 at 7:00 p.m. Matloob was sitting on chair in front of the house of Taufeeq. Narayan Das was providing fodder to the buffalos. The informant was collecting water for buffalos. Israel was talking to his brother in connection with purchase of a buffalo. He saw that the accused / appellants Afzal, Saleem and Mansur had come there. Accused Afzal and Saleem were having contry -made pistols in their hands and Mansur was having a knife in his hands. They came from the south of lane no. 14. The accused / appellants surrounded Matloob. Saleem started abusing him and ridiculed him for involving in litigation. Saleem said that they (appellants) will pay him (Matloob) the balance today. Saleem and Afzal fired on Matloob with country -made pistols with the intention of killing him. Mansur made an assault on him with knife. Matloob got injured. He fell on the spot. Accused / appellants fled away from the place of occurrence. Matloob was immediately taken to hospital but could not survive. There was a lamppost outside the residence of Taufeeq on the street. Narayan Das and Israel saw this incident. After investigation, charge sheet was submitted by the Investigating Officer against the appellants. Charge under Section 302 IPC was framed against Afzal, Saleem and Mansur, to which they pleaded not guilty and claimed trial.
(3.) AS many as 5 prosecution witnesses were produced on behalf of the prosecution. A reference of testimony of these witnesses will be given in the following paragraphs. The statements of accused / appellants under Section 313 Cr.P.C. were taken. They have denied everything. They did not offer to give any evidence in defence.;

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