- (1.) S. K. Aganval, J. The present ap peal was filed by the above appellant against the order of his conviction under Section 302 IPC and consequent sentence of life imprisonment passed by Sri A. P. Mittal, Sessions Judge, Rampur, on 2-12-1980 in ST. No. 30 of 1980.
(2.) THE prosecution version, as con tained in the FIR, is that on 4-11-1979 at about 9. 30 a. m. when the informant Zahidullah alongwith his brother Sajidullah (deceased and Shakirullah were returning via triangular crossing at Majar Khurmewali, they were accosted at that crossing by appellant Mutahir Mian. THE appellant challenged them by saying "bahadur Aa rahe hain". On this the deceased questioned the appellant. Imme diately thereon he was stabbed thrice by the appellant. His brother Zahidullah, in order to save his brother from any further assault, attacked the appellant with a knife, resulting into simple injuries on the person of appellant. Finding the condition of the injured grave, leaving him in the custody of his brother- in-law Yakub Khan and younger brother Shakirullah with the instruction to carry him to the hospital, Zahidullah immediately proceeded to the police station for reporting the matter. THE report was got scribed from P. W. 9 Rajendra Prakash Saxena and the same was lodged by him at the police station Kotwali, Rampur, at about 10. 15 a. m. THE FIR was marked as Ext. Ka-1. THE chick report is Ext. Ka-3 and copy of the G. D. entry was marked as Ext. Ka-4. THE investigation of the case was taken over by P. W. 8 S. I. Iqtedar Hussain Rizvi. After preparing the memo of in quest and despatching the body for post mortem from the hospital, the S. I. came to the spot, prepared the site map, which is Ext. Ka-7, and recorded the statement of the scribe. He had taken also blood stained and simple earth through its memo Ext. Ka-8. Before coming to the hospital he had also taken into custody the appellant, who was present at the police station at the relevant time. The appellant had gone there to lodge his own version of the inci dent. His FIR was taken down under Sec tion 324 I. P. C. It is Ext. Ka-6on record. On the next day he had recorded the state ments of witnesses Shakirullah. Akbarali, Abid Khan and Shahzad Ali and others. Charge-sheet (Ext. Ka-I3) was submitted by him on 7-11-1979. The appellant has denied the oc currence in the manner as alleged by the prosecution. According to his defence he was present at his cycle repairing shop near Khurmewali Ziarat (market ). These three brothers reached there and started hurling at uses on him. They also started giving him knife blows. He ran from there but these three chased and surrounded him. When he felt that his life is in peril, to save himself, he attacked one of them, Sajidullah, with knife. He claimed that from the spot he straightaway went to police station to lodge his version.
(3.) IT is an admitted fact that the appel lant reached the police station at about 10. 00 a. m. His report was taken down at 10. 00 a. m. as earlier pointed out, it is Ext. Ka-6. The prosecution in support of its case has examined P. W. 1 Zahidullah, P. W. 4 Shakirullah, P. W. 5 Abid Khan and P. W. 6 Shahzad Ali. Out of these witnesses Zahidullah and Shakirullah are brothers inter se and they are also brothers of the deceased. Abid Khan and Shah/ad Ali Zaidi (P. Ws. 5 and 6) are residents of dif ferent localities distanced by 1/2 Km. and 1-1/2 to 2 Kms. from the spot. They were chance witnesses. Apart from these eye witnesses, P. W. 2 Dr. J. G. Garg conducted the autopsy on the person of the deceased. P. W. 3 Constable Narendrapal Singh is the escort of the dead-body. P. W. 7 Head Constable Nand Ram Singh received the writ ten report and prepared chick FIR and G. D. entry pertaining to registration of the case. P. W. 8 Iqtedar Hussain Rizvi is the Investigating Officer and P. W. 9 Rajendra Prakash Saxena, the scribe of the FIR, were also examined. This in the nutshell is the entire evidence adduced by the prosecution in this case.;