M.C. Jain, J. - (1.) The State has preferred this appeal against the judgement and order dated 5.1.1981 passed by IV Additional Sessions Judge, Bulandshahr in S.T. No. 276 of 1980 acquitting the three accused-respondents, namely, Idris, Saeed and Bundu of the charges under Section 307 read with Section 34 I.P.C. and 307 I.P.C. The charge of Section 307 I.P.C. was against Saeed whereas the other two accused were charged with aid of Section 34 I.P.C. Idris and Saeed are real brothers being sons of Babu and Bundu is their uncle. During the pendency of appeal, the accused-respondent Bundu has died and the appeal has abated so far as he is concerned under order dated 27.7.2005.
(2.) The prosecution case, briefly stated, was that on 18.3.1979 at about 9.00 A.M. Saukat Ali PW 2 was taking water from his water tap. All the three accused-respondents came there. Some exchange of hot words took place between Saukat Ali and the accused. The accused Saeed caused injuries to Saukat Ali by stabbing him with knife with the intention to kill him. Bundu and Idris had allegedly caught hold of Saukat Ali at the time he was stabbed by Saeed. Written F.I.R. was submitted at the Police Station Shikarpur the same day at 11.00 A.M. by Liyakat Ali PW 3 who claimed himself to be an eye-witness. Saukat Ali was examined at P.H.C. Shikarpur at 10.30 A.M. A case was registered at the police station against all the three accused and the investigation was taken up by S.I. Ram Dutt Pandey PW 5. He reached the spot immediately after the lodging of the F.I.R. and the accused were arrested on that very day at 1.45 P.M. He inspected the spot and prepared the site-plan. The fard of blood-stained clothes of Saukat Ali was prepared by him. It was Dr. B.S.Benival PW 1 who had examined the injuries of Saukat Ali on 18.3.1979 at 10.30 A.M. at P.H.C. Shikarpur. The following injuries were found on his person: 1. Incised wound 3 cm x 1 cm x 5 cm deep over left lateral side of chest 18cm lateral and 4 O' Clock position from left nipple. Oblique. Bleeding present. 2. Incised wound 2.5 cm x 1 cm x 4 cm deep over back of left side of trunk. 7.0 cm above and back of injury No. I. Bleeding.
(3.) Incised wound 3.0 cm x 1.5 cm x 3.5 cm over back of left thigh. 14 cm above knee joint.;