G. D. Dube, J. - (1.) THIS appeal has been preferred against the judgment and order of Sessions Judge, Rampur, holding the appellant guilty of the offence under section 302, IPC, convicting and sentencing him to undergo life imprisonment.
(2.) THE case against the appellant is that Siraj Ahmad (deceased) and appellant Saeed Khan happened to be friends prior to be alleged occurrence. THEy had developed some bad habits of committing unnatural intercourse with small boys. THE father of the deceased had chided Siraj Ahmad and asked him to avoid company of the appellant. Consequently, there was strained relation between the two. It has been stated by the prosecution that at about 12.50 p.m. on 11th July, 1987, Siraj Ahmad was going on a bicycle in Mohalla Pucca Bagh near the Dall Mill in the town of Rampur. THE appellant had asked Siraj Ahmad to get down from the bicycle. When the appellant had refused and continued riding his cycle replying to the appellant that he had no time and had to go, the appellant obstructed the way and tried to pull him down by catching the carrier of the cycle. THE appellant gave knife blow on his neck from behind as a result of which Siraj Ahmad fell down from the cycle. THEreafter, two more blows-one on the chest and another on the abdomen were inflicted with the knife. THE occurrence was said to have been seen by Shakeel Ahmad (PW 2), Lallan Khan (PW 3). THEy had carried the deceased on a richshaw to Police Station Ganj. A report of the incident was lodged by Shakeel Ahmad (PW 1) at 12.30 p.m. on 11-7-1977 same day. Siraj Ahmad was alive at the time of report. He had been taken to the District Hospital, Rampur. Dr. U. C. Srivastava (PW 4) had examined the injuries of Siraj Ahmad at 12.45 noon same day on 11-7-1977. He had found the following six injuries on his person :- 1. Incised wound 6 cm. x 2 cm. depth of the wound could not be measured, on the left and outer side of the chest. It was 7 cm. lateral to lift nipple. 2. Incised wound 6 cm. x 2 cm. x depth not probed, over outer aspect, back of left side of chest, 8 cm. below and back to injury no. 1. 3.Incised wound 1 cm. x 1/2 cm. x 1/2 cm. on the left side chin, 3 cm. below the left angle of mouth. 4.Incised wound 5 cm. x 1.5 cm. x 2 cm. on left side upper part neck 3 cm. behind the left ear. 5.Incised wound 4.5 cm. x 1.5 cm. x 2 cm. deep on the left side back of neck, 2 cm. below injury no. 4. 6.Incised wound 1/2 cm. x 1/2 cm. x skin deep on the middle part of outer border of left ear. At the time of examination, Siraj Ahmad was unconscious. His pulse was not palpable. Blood pressure could not be measured. Temperature was normal and the skin was cold and calmy. The doctor had opined that injuries had been caused by some sharp edged weapon. Injuries 5 and 6 were opined to be simple. The remaining were kept under observation. The injured was admitted in the Hospital. The prosecution story is that a report (Ext. Ka 5) was sent to S.D.M. Sadar, Ranpur at 2.00 p.m. by Dr. O. N. Gupta (PW 6) for recording dying declaration of Siraj Ahmad. Thereupon, Hem Chandra Mittal, Tahsildar Magistrate (PW 8) had recorded the statement of the deceased at 4.15 p.m. same day. Siraj Ahmad died in the hospital at 12.20 a.m. in the night between 11th and 12th July, 1977.
(3.) THE investigation had been taken up by Bharat Singh, Sub-Inspector (PW 20). He had recorded the statements of the witnesses at the police station and prepared site-plan (Ext. Ka 17) on the spot. On 12-7-1977, he had conducted inquest proceeding of dead body in the Hospital. He had prepared inquest report (Ext. Ka 19) of the dead body at District Hospital, Rampur and sent the body for. post-mortem examination. He had recorded the statements of the witnesses also. THE appellant was arrested same day i.e. 12-7-1977 at 6.00 p.m. near Bilrampur Gate. THE appellant has stated that he will hand over the knife (weapon of offence) and the clothes which he had been wearing at the time of occurrence. Consequently the appellant went to Pahari Gate along with the I.O. and the recovery witnesses Ram Autar and Ghasita (PW 13) and brought out a blood stained knife (Ext. 4) a blood stained pant (Ext. 7) and bushirt (Ext. 8) from a cluster of Naihal. A memo (Ext. Ka 23) was prepared at the spot. After completion of investigation, charge-sheet was submitted against the appellant. The post-mortem had been conducted by Dr. S. K. Agarwal (PW 1) at 12.30 p.m. on 12-7-1977. He found stiched injuries at very spot on which the injury was noticed by Dr. U. C. Srivastava (PW 4). The doctor had found that sixth and ninth ribs below injurise 1 and 2 were cut, The plura between the two injuries was also cut. There was two pint of blood in the left chest cavity. The lower lobe of the lung was also cut. The doctor had opined that the deceased had died about half a day before the post-mortem. According to him, the injuries were sufficient in the ordinary course of nature to cause death.;