O.P.Mehrotra, J. - (1.) THIS is an appeal by Zahid Ali, who was convicted by Sessions Judge, Mainpuri under section 302 IPC and sentenced to imprisonment for life by his order dated 3-8-77.
(2.) THE charge against the appellant was that on 22nd October 1976 at about 1 p. m. in Mohalla Chhapatti, police station Kotwali in the town of Mainpuri, he committed murder of Jamil alias Bhalle. THE occurrence is said to have taken place while Jamil was going to the market and was passing in front of the house of Smt. Sappa. It is alleged that the appellant suddenly came out from the house of his sister Smt. Sappa and gave a single knife blow on the abdomen of Jamil. He then took out the knife and ran away. THE occurrence is said to have been witnessed by PW 2 Shahab Uddin and PW 3 Latif. THE first information report of this occurrence was lodged by Mazhar Hussain, brother of the deceased at police station Kotwali which was at a distance of five furlongs from the spot, soon after this occurrence at .2.05 p. m. As regards the motive, it was alleged in the first information report that a quarrel had taken place between the appellant and the deceased two days back. Soon after this occurrence, informant Mazhar Hussain had taken the deceased to the Hospital where he was medically examined by Dr. B. K. Misra PW 4 at 1.30 p. m. and was found to have received the following injury :- " Stab wound 2.5 cm x 1.6 cm x abdomen cavity deep on the front of the abdomen at 1 cm. from the umbilicus at 1 O'clock position. The wound was slightly oblique, otherwise it was vertically placed. The margins were clean cut and sharp. The wound was spindle shaped. Fresh bleeding was present. Omentum was coming out of the wound. " The injury was fresh and was caused by some sharp edged and pointed weapon. This v.as kept under observation and X-ray was advised. General condition was poor. The patient was in shock and in condition of peripheral vascular collapse. Pulse was 14 per minute. The blood pressure was 90/60. The patient was sinking. Dr. Misra dressed the wound, gave life saving drugs and made arrange- ments for the supply of oxygen. Soon thereafter at 1.35 p. m. Dr. B. K. Misra sent letter Ex. Ka-5 to Sri P. D. Khare, Tahsildar/Executive Magistrate, Mainpuri PW 5 who arrived at the hospital at 1.45 p. m. and recorded the dying declaration of injured Jamil alias Bhalle which was Ex. Ka-4. In this dying declaration, Jamil stated that at about 1.30 a. m. when he was going from his house for ' Par Bandhane ' and had reached near the house of Gajju. in Mohalla Chhapatti that Zahid Ali stabbed in his abdomen with a knife beneath the Neem tree. Regarding motive he stated that the accused had no particular enmity with him but he used to ask his nephews to move about with a pistol and learn the art of quarrelling and lighting. Whereupon he objected and protested is to why he was misguiding his nephews and teaching them bad habits and on this account Zahid Ali had started feeling inimical towards him.
(3.) ON the basis of the report lodged by PW 1 Mazhar Hussain at 2.05 p. m. on that day a case under section 324 IPC was registered against the appellant and investigation was entrusted to S. I. Vikram Singh PW 9. He interrogated the informant at the police station and went to the spot where he recorded the statements of Latif and Shahabuddin, inspected the spot and prepared site-plan Ex. Ka-14. He searched for the accused but he was not found. He then went to the District Hospital bit Jamil alias Bhalle had succumbed to his injuries on the same day at 4.45 p.m. At about 6.30 p.m. the Investigating Officer prepared inquest report and other papers and sent the dead body for postmortem-examination. The autopsy was performed by Dr. I. S. Tomar on the next day i.e. 23-10-76 at 1 p. m. He found that the deceased was aged about 22 years and was of average built. He found the following ante-mortem injury :- " Stab wound 2.5 cm. x 1.5 cm. s abdominal cavity deep over left side abdomen, 1 cm. away from umbilicus at 1 O'Clock position. Margins were clean cut. Upper angle was sharp and lower angle was blunt. There was tapering upwards. It was placed vertically. A piece of omentum was coming out from the wound. " On internal examination the doctor found that the abdominal wall was cut through and through under the injury. The peritoneum was cut and punctured under the injury. The cavity contained about 5 Lbs of blood. The abdomen was cut and punctured through anterior and posterior wall in lower part of stomach. It was empty. Root of mesentery was cut and a huge blood clot was present in mesentary. The small intestine was full. The mesentery of transverse colon was cut and a huge clot of blood was present inside the mesentery. The large intestine was half full. The pancreas were cat and punctured at lower side. In the opinion of doctor death was caused due to shock and haemorrhage due to injury (vide post-mortem report Ex. Ka-10).;