- (1.) G. D. Dube, J. The State of U. P. has preferred this appeal against the judgment and order dated 22-11-1979 passed by the first Additional Sessions Judge, Rampur, acquitting the respondents from the charges under Section 302 and 324,1. P. C.
(2.) IT was stated in the first information report lodged at 11. 10 a. m. on 12-1-1977 by Sajjad that Parvez had taken a shop situate in Machhli Bazar, Mohalla Sarai Gate, Police-station Kotwali City, Rampur, on a tenancy of Rs. 11 per month. He was running a cycle repairing business in the shop. Usman, brother of Sajjad, was asking parvez to vacate the shop since last several days. On the previous evening, Usman had against asked Parvez to vacate the shop. Parvez had informed that the will reply on the next day. IT is alleged the about 10. 45 a. m. on 12-1-1977, Parvez came to the house of Usman. When Usman came down on the road, Nabi Ahmad and Hafiz Sajjed caught-hold of Usman and Parvez inflicted knife blows. He gave some knife blows to Sajjad also. Usman fell down. On the alarm of Sajjad, Yasin Khan, Abdul Ghaffar, Sattar Khan and several others arrived and saw this occurrence. The accused ran away towards Topkhana. Usman was seated on a rickshaw and Sajjad came to Police-station Kotwali and lodged the report. The case was registered originally under Sections 307 and 324, I. P. C. After lodging of the report, the investigation was taken up by B. K. Misra. He went to the place of occurrence and inspected the site. Usman had been sent to the District Hospital, Rampur. He died in the hospital. Thereafter, the Investigating Officer went to the hospital and conducted the inquest proceedings. He sent the dead-body to the mortuary for post-mortem. The autopsy of the dead-body of Usman was conducted by Dr. R. K. Misra at 4-00 p. m. on 12-1-1977. The details of the injuries of Usman are noted in the judgment of the court below. Sajjad was also medically examined by Dr. R. N. Bhatnagar on the same day at 11-45 a. m. and was found to have received four incised wounds. The details of these injuries are noted in the judgment of the court below. B. K. Misra, Investigating Officer, had taken Parvez from the Hawalat of the Kotwali to a Nala in Machhli Bazar. Parvez had taken out knife (Ext. 1) from a Nala and handed it over to the Investigating Officer. This recovery was made in presence of Dharam Prakash Kalra (P. W. 5) and Jagdish. B. K. Misra had conducted his other usual investigation upto 20-1-1977. Thereafter, the remaining investigation was conducted by R. P. Singh (P. W. 5 ).
(3.) THE respondent Parvez had admitted in his statement under Section 313, Cr. P. C. that he was tenant in the shop owned by Usman. He stated that Usman had asked him to vacate the shop, but he had refused to do so. According to him, Usman, Sajjad and two unknown persons came on the shop on 12-1- 1977 and started throwing out his belongings kept in the shop, When Parvez, objected, Usman gave a knife blow. Sajjad had a Danda in his hand. He wielded his Danda which hit his head. Parvez alleged that he had inflicted knife blows on Sajjad and Usman in his self defence. He stated that he went to the police-station to lodge a report, but was detained and arrested. He also alleged that he was medically examined. THE other two respondents had denied their participation in the crime. The respondents had examined Dr. G. K. Jain, Medical Officer of District Hospital, Rampur. He had examined Parvez at 12-30 p. m. on 12-1-1977. He had found one incised wound 3 cm. x i cm. x muscle on left thumb front side and another incised wound 2 cm. x 1 cm. x muscle on the left thumb outer aspect. He also complained of pain on right side back, but no mark of injury was seen.;