SURENDRA KUMAR,J. - (1.) HEARD Sri Pantanjali Mishra, learned amicus curiae for the appellant and Smt. Raj Laxmi Sinha, learned AGA for the State.
(2.) THE instant criminal appeal has been filed by the sole appellant Sanaullah, resident of village Kaulsena, Police Station Chandpur, District Bulandshahar, by invoking appellate jurisdiction of this Court under Section 374 (2) Cr.P.C. against the judgment and order dated 26.7.1982 passed by IV Additional Sessions Judge, Bulandshahar, in Session Trial No. 9 of 1982 State Vs. Sanaullah under Section 302 IPC relating to Police Station Chandpur, District Bulandshahar whereby the appellant Sanaullah has been convicted under Section 302 IPC for committing the murder of Alla Bux, aged about 30 years, by inflicting repeated blows of knife and sentenced to undergo imprisonment for life. The facts giving rise to the appellant's prosecution, as unfolded in the first information report by Abdul Razzak (real brother of the deceased) lodged on 21.10.1981 at 12:10 p.m. at Police Station Chandpur after covering a distance of four kilometers from the place of the occurrence, in brief, are that his brother Alla Bux had got an agreement for sale of a house executed in his favour from Sanaullah. On the expiry of the agreed period, Alla Bux called upon the accused to execute the sale deed or refund the earnest money. Sanaullah kept postponing the matter and when finally Alla Bux made an affective demand, he was threatened by the accused that he would soon see him. On that day i.e. 21.10.1981 at about 7:00 a.m., Alla Bux had gone to plough his field situated in village Neemkhera and as he reached near the field of Badri Prasad, the appellant stabbed him from the back with a knife declaring that he was executing the sale deed by murdering him. The incident was witnessed by Sher Mohammad PW-3, Mushtaq Khan PW-2 and Yasin, on whose arrival, the appellant ran away treating the victim to be dead. The appellant was given a chase but he could not be apprehended and managed to escape towards the river.
(3.) THE victim was immediately rushed to the District Hospital where he was medically examined and his injury report was submitted at the Police Station while lodging the first information report. Chik report no.311 dictated by Abdul Razzaq was recorded by H.C. Hariya Singh who registered the case under Section 307 IPC in G.D. at Serial No.21, the investigation of which was taken up by S.I. Shishpal Sharma PW-4. The victim who was admitted in the District Hospital, was in the meantime operated upon by the surgeon but he succumbed to his injuries on 23.10.1981 at 10:50 p.m. His dying declaration was, however, recorded on the same day at 6:00 p.m. by Sri Bahadur Singh, Executive Magistrate PW-8 when the victim was certified to be in full senses while making the dying declaration by Dr. R.R. Tyagi PW-9 who was on emergency duty.;