- (1.) FAQIRA, son of Nazar, aged 30 years, resident of Rardhana, within police circle Kithore, district meerut has been convicted under Section. 302, I. P. C. , and sentenced to death for having committed the murder of his cousin Masit Ullah, alias Bholi on 21-3-1953 at about 2 p. m. He has preferred this appeal from his conviction and sentence and there is also the usual reference by the learned Sessions Judge for the confirmation of the sentence of death.
(2.) THE case for the prosecution was that on the day in question gram crop was being harvested from the field of one Liaqat by the deceased and by Hafiz alias Fiza, the real brother of the appellant and by others. At about mid-day an altercation took place between the deceased and hafiz on the question as to who should cut which portion of the standing crop. The dispute was, however, resolved by the other persons who were working on the same field and the two continued to reap the crop till about 2 p. m. It is said that at that time Faqira appellant, the brother of Hafiz, came there and Hafiz complained to Faqira of the unseemingly behaviour of the deceased. The appellant got enraged and he kicked and cuffed Masitullah alias. Bholi and gave him some blows with the wooden end of the sickle which he had in his hand Masitullah fell down unconscious and he expired about two hours later.
(3.) A report about the occurrence was lodged at the police station the same evening at 9-30 p. m. by Buddhu chaukidar of the village in which these details had been given and in which the eye-witnesses had been mentioned. The police took up investigation of the matter. The body was sent for post-mortem examination. The postmortem examination was conducted on 23-3-1953 by the Civil Surgeon of Meerut. The following external injuries were present on the dead body of masitullah alias Bholi : 1. Contused area 6" x 4" on the back and outer side of right arm and elbow and deep congestion was present on cutting the tissues. 2. Contused area 4" x 2" on left cheek with swelling around it and deep congestion was seen on cutting the tissues and this congestion extended upto neck. 3. Contused area 2" x 1" on back of left elbow and arm. Due to decomposition no other external mark of injury was visible. ;