M. Chaudhary, J. - (1.) -This is a criminal appeal filed on behalf of the accused-appellant from judgment and order dated 4.2.1982 by Sessions Judge, Bulandshahr in Sessions Trial No. 604 of 1980, State v. Iftiquar Ahmad, convicting the accused under Section 302, I.P.C. and sentencing him to imprisonment for life thereunder.
(2.) BRIEF facts giving rise to this appeal are that Sagir Ahmad and Iftiquar Ahmad were real brothers and Mohd. Tahir was son of Sagir Ahmad. Iftiquar Ahmad was younger to Sagir Ahmad and they were not on cordial terms on account of family partition. On 25.7.1980, Iftiquar Ahmad gave bath of his she buffalo in the duwari resulting in slush therein. Sagir Ahmad also used to tether his she buffalo in the same duwari. On returning from the jungle Sagir Ahmad asked Iftiquar Ahmad to clean the duwari and went away. Then Iftiquar Ahmad went inside the house and started abusing his brother's wife. In the meanwhile Sagir Ahmad came back to his house and then an altercation took place between the two brothers. Immediately Iftiquar Ahmad ran inside the house but Sagir Ahmad caught hold of him and then ladies of the house intervened. Soon thereafter Sagir Ahmad and his son Mohd. Tahir went to the mosque for namaz. After reciting quran Imam of the masjid went inside to place the quran sharif at its proper place. In the meanwhile Iftiquar Ahmad assaulted Sagir Ahmad from back side and gave a knife blow to him hitting him at his ribs. Immediately Sagir Ahmad stood up and caught hold of Iftiquar Ahmad by his waist but Iftiquar Ahmad gave another knife blow to Sagir Ahmad hitting him at his chest, and both of them grappling went in front of the Huzra. Having sustained the fatal injuries Sagir Ahmad fell down there and Iftiquar Ahmad succeeded in making his escape good. Immediately Mohd. Tahir with the help of Islam, Naushad, Hamid and Ilyas took his injured father on a cot to the clinic of Dr. Hasmat, but Sagir Ahmad succumbed to the injuries sustained by him on the way. Then Mohd. Tahir and others took the dead body of Sagir Ahmad to his house. Immediately Mohd. Tahir scribed report of the said incident and went to police station Gulavthhi situate at a distance of some four furlongs from the place of occurrence and handed over written report of the occurrence to the police there at 6.15 p.m. the same evening. The police registered a crime against the accused under Section 302, I.P.C. and made entry regarding registration of the crime in the G.D. S.I. R. S. Pundir to whom investigation of the crime was entrusted recorded statement of Mohd. Tahir and rushed to the scene of occurrence. After drawing inquest proceedings on the dead body of Sagir Ahmad the dead body in a sealed cover alongwith necessary papers was handed over to the constable for being taken to the mortuary for its post mortem. Autopsy conducted on the dead body of Sagir Ahmad by Dr. M. P. Agrawal Medical Officer District Hospital, Bulandshahr on 26.7.1980 at 1.00 p.m. revealed below noted ante mortem injuries : (1) Stab wound 3/4" x 1/2" x chest cavity deep left side front of upper chest 4" below outer part of left clavicle, 2" outer to nipple line 6" above left nipple at 12 O'clock position from nipple. Fresh blood coming out. Margins of wound clean out. (2) Stab wound 1/2" x 1/4" x chest cavity deep. Left side back of chest outer side 7" exterior to left nipple at 3.30 O'clock position and 9" below acromial process of scapula. Fresh blood oozing inside. Margins of wound clean cut. On an internal examination left lung and pleura were found lacerated. The doctor opined that death was caused due to shock and haemorrhage about 18 hours ago. The Investigating Officer also recorded statements of the witnesses and took search of the house of Iftiquar Ahmad. He picked up blood stained trousers and shirt of Iftiquar Ahmad from inside his room in presence of his mother and public witnesses Farazuddin and Zahoor Ahmad and prepared the memo (Ext. Ka-4). He also collected blood stained pieces of cemented floor and the blood stained dari from the mosque and prepared its memo (Exts. Ka-15 and Ka-16) and did other necessary things. He got blood stained clothes of the deceased and that of the accused and blood stained dari sent to Scientific Laboratory, Agra for Serologist's opinion if they contained human blood and if so for classification of blood group.
(3.) AFTER completing the investigation he submitted charge-sheet against the accused. A perusal of the Serologist's report goes to show that blood stained shirt and trousers of the accused and that of the deceased and the blood stained dari contained human blood. Blood stained clothes of the accused contained blood of blood group 'A'. Blood stains on blood stained cemented floor pieces and vest of the deceased were found disintegrated (Ext. Ka-19).;