Decided on September 04,2013

Ayub Ahmad Appellant


- (1.) In both these appeals, being decided together, the convict Ayub Ahmad has challenged the judgment and order dated 26.10.2010 rendered by the Sessions Judge, Udham Singh Nagar at Rudrapur, whereby he was convicted for the offence of Section 302 IPC and 4/25 of the Arms Act. The said conviction order was passed by the learned Sessions Judge in Sessions Trial No. 87/2008, State v. Ayub Ahmad, pertaining to Crime No. 6281/2007 and 6282/2007, PS Rudrapur. Learned Sessions Judge has appropriately sentenced the appellant.
(2.) The incident occurred in the intervening night of 25/26.12.2007 at 11.20 PM and the report Ex. Ka-1 was lodged by Mohd. Shahid, the uncle of deceased just within an hour of the said incident at 00.15 AM on 26.12.2007. It has been stated in the FIR that Mohd. Faizal (deceased) was running a beetle leaf kiosk at Indira Chowk, Rudrapur. After closing his kiosk (shop) at 11.20 PM on that night, he was going to sleep in a nearby milk bar. While aheading to the milk bar, he was confronted by Ayub Ahmad (accused appellant) with a knife in his hand. Ayub Ahmad demanded his Rs. 400/- from Faizal which he had lent him earlier. Faizal expressed his inability to pay the money instantly, but Ayub Ahmad insisted for the immediate payment and hurling the filthy abuses, he stabbed the knife blow in the chest of Faizal making him fell down on the earth. The incident was witnessed by Mohd. Nayeem and Saleem, who were coming from in front. These witnesses shifted Faizal to the Government Hospital, where he was declared dead by the doctor. The chick report is Ex. Ka-17. The inquest report Ex. Ka-2 was prepared in that very intervening night in the Government Hospital itself. In the opinion of the members of the inquest report along with the Sub Inspector, the death was caused due to knife blow injury, but they all opined for the postmortem.
(3.) The autopsy Ex. Ka-3 was conducted on 26.12.2007 at 11 AM in the Government Hospital, Rudrapur by Dr. Sanjay Kumar Tripathi. In the opinion of the doctor, the death was resulted due to haemorrhage and shock on account of the ante mortem injury. The following ante mortem injury was reported by the doctor on the dead body of the deceased: "Punctured wound (stab) present on (Left) side of midline just below line joining both nipples, 3 cm x 2 cm, elliptical shape, on exploration left side of sternum and 5th intercoastal space and muscles stab, with haemotoma, pleura, pericardium, right ventricle, left dome of diaphragm, liver left lobe, stomach ant. wall stab wound present. Both chambers of heart empty, hemothorax left side 1 litre, Hemopericardium 200 ml, Hemoperitoneum 1.5 litre present. Margins clean cut, oblique, medial end upward and lateral end downwards. When probe passed, it followed the tract from skin to stomach. Both ends of stab wound are acute angle." ;

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