- (1.) Four persons namely Shakoor, Badloo, Golideen alias Raheem Bux and Mohd. Siddique were tried on charges under Sections 302 and 302/34 I.P.C. by the VIth Additional Sessions Judge, Kanpur. Badloo was acquitted, Shakoor was convicted for the offence of murder under Section 302 I.P.C. and the other two accused Golideen and Mohd. Siddique were convicted under Section 302/34 I.P.C. All the three have been sentenced to imprisonment for life by judgment and order dated January 22nd 1979. Aggrieved both by conviction and sentence, they have preferred an appeal. One Nizam Uddin was murdered in the morning of 30.10.77. He was assaulted according to prosecution by all the four above said accused persons. Badloo simply holding a gun, Golideen and Mohd. Siddique having assaulted him by throwing and kicks and fists while Shakoor is said to have caused injury with knife in the chest region. This assault was according to prosecution, at about 9.15 a.m. Since Nizam Uddin was still alive, a report under Section 307 I.P.C. was lodged against the above said persons. Nizam Uddin in an injured stage, is said to have been taken to Lala Lajpat Rai Hospital after the above report at the police station Nawabganj. He is said to have breathed his last at the gate of the hospital. Thus only a dead body was brought to the hospital and is said to have been kept in the mortuary. Information as usual was sent to police and inquest was later on conducted by Shri Lalta Prasad. Sub-Inspector of Police. Necessary investigation also followed.
(2.) Before the court of Sessions, the prosecution examined, P.W. 1 Madar Bux the uncle of the deceased, who had a shop nearby and is also informant in the case. The other witness of occurrence examined before the court was P.W. 3 Munna.
(3.) The other evidence led before the court was of P.W. 2 Dr. S.P. Dubey who had conducted the postmortem examination, on the body of Nizam Uddin, the deceased. It will be better to refer to his evidence for two material aspects. The injuries found by him firstly need be re-produced as they will weigh towards the complicity of the accused Golideen and Mohd. Siddique. The injuries found on the person of the deceased were as under: 1. Abrasion 2 c.m. x 1/2 c.m. on the left forehead. 2. Multiple abraded contusions varying from 5 c.m. x 3 c.m. to 1/2 c.m. on front and side of neck, lower part of neck and upper part of chest front. 3. Abraded contusion 1 c.m. x 1/2 c.m. on front of chest, middle of sternum. 4. Abrasions 3 c.m. x 1/2 c.m. 1 1/2 c.m. x 1/4 c.m. on right chest front upper part infraclavicular region. 5. Incised wound 3 c.m. x 1 c.m. x left chest cavity deep obliquely placed on right chest front and lower part 3 c.m. below and medial to right nipple. 2 1/2 c.m. right lateral to epigastric region. The wound is directed backwards, upwards and to the left side going the right epigestric region to the left chest cavity cutting the pericardium 2 c.m. x 1 c.m. in lower part and both ventricles obliquely 1 1/2 c.m. x 1/2 c.m. x lumen of ventricle deep on the posterior surface in lower part, pericardiac cavity contained blood. The other material aspect in his statement was that while sending the dead body the copy of first information report was not annexed with the request for inquest. This aspect has also been maintained by C.W. 1 Lalta Prasad who has stated that he had no copy of first information report when he proceeded for the inquest. The effect of the two factors shall be considered below.;