- (1.) Appellant-Saleem has been convicted and sentenced to imprisonment for life under Section 302 of the Indian Penal Code for having caused the death of Hafiz Ahmad on 13-11-78 at about 4.30 p.m. at Ramlila Ground in Village Ghatamapur within Police Circle Kotwali, Rampur.
(2.) Undisputedly on 13-11-78 'Kite Flying' games were going on in Ramlila Ground between Moradabad and Rampur districts. Appellant-Saleem and deceased-Hafiz both were present in the said ground for looting kites and Manjha-dor (Cord of Kite). At about 4.30 p.m. the accused Saleem started looting Manjha of the side of deceased-Hafiz, which was objected by the deceased. An altercation then ensued between the accused and Hafiz. The accused was having a stick in his hand, which was being used for collecting Manjha/dor. He tried to strike the same on Hafiz which he warded off with his hand. Thereafter both deceased and accused grappled with each other and during grappling accused whipped out a dagger from the phainth of his payjama and inflicted injuries on Hafiz, as a result whereof he fell down. Rais P. W. 3, brother of Hafiz carried Hafiz to the Police Station, Rampur where Hafiz himself dictated oral report (Ex. Ka-5) which was reduced to writing in Chik Register by Clerk Constable, Prem Pal Singh, P.W. 7 and a case under Section 324, I.P.C. was registered. Injured Hafiz was sent to Hospital for his medical examination and his injuries were examined on the same evening at 5.45 p.m. by Dr. O. N. Gupta, P.W. 6 and following injuries were found :-1. Incised wound 1 cm x 0.5 cm x skin deep on upper 1/3 left upper arm horizontally tapering.2. Incised wound 2 cm x 1 cm x muscle deep on left mid scapular region back, horizontally placed.
(3.) Incised wound 2 cm x 0.5 cm x skin deep on backside left hand just below the space between left little finger and ring finger, vertically placed.;