- (1.) The instant appeal filed on behalf of the State is directed against judgment and order dated 2.9.1983 passed by Shri P. Dayal, the then Sessions Judge, Shahjahanpur in S.T. No.317 of 1983, State Vs. Taufiq Rizvi, whereby the sole respondent was acquitted from the charge under Section 302, IPC.
(2.) In the present case the prosecution case may be summarised as under:- On 23.4.1983 Mohd. Asif gave a written report at P.S. Sadar Bazar at 7.15 p.m. mentioning therein that he had a shop near police outpost Anjan. At about 6.30 p.m. on that date he was at his shop. Baqar Husain alias Munney had his shop near Majistic Talkies, Baqar Husain was hotly demanding money from one person. When he declined to pay, Baqar Husain insisted for payment, at that he stabbed a chhuri (dagger) taken out from back of his trouser and struck in the stomach of Baqar Husain, who fell down. That person inflicted several blow of chhuri on fallen Baqar. In the meanwhile Gulzari Singh, Surendra Pal Singh, Rashid, Ahmad Khan, Sayeed Khan, police constable Amar Singh, Sattar Husain came there and caught him along with chhuri. On inquiry he told his name Taufiq Rizvi, resident of Bareilly. Constable Sattar Husain took injured Baqar in a rickshaw to Sadar Hospital, arrested assailant Taufiq along with chhuri, who had been brought to police station with the help of police, action be taken on his report.
(3.) On this report chik FIR was scribed, Case Crime No.222/99 was registered under Section 307, IPC and requisite entry was made in the report of the General Diary. Investigation was entrusted to S.I. Yad Ram Singh. During treatment Baqar Husain alias Munney died on 26.4.1984. The said case crime number was altered under Section 302, IPC. After concluding the investigation, Investigating Officer submitted the charge sheet against the present respondent.;