- (1.) K. S. Rakhra, J. This is an appeal under section 374 (2) Cr. P. C. by Bablu alias Furqan who has been held guilty and sentenced to life imprisonment for an offence under section 302 IPC vide order dated 6. 5. 2000 passed by 1st Addl. Sessions Judge, Bareilly in Sessions Trial No. 701 of 1997.
(2.) THE incident relates to murder of Faheem Ahmad alias Munne resident of 659 Civil Line Beharipur, police station Kila, district Bareilly. He was an employee of M/s. SSM Traders- a firm dealing with stationery and book binding etc. It is alleged that the appellant Bablu also worked in the said firm for few days. Two days-before the date of incident he was slapped by Faheem Ahmad in connection with stealing of some articles in the factory. It is alleged that on 8. 6. 1997 at about 9. 30 a. m. deceased Faheem Ahmad alias Munna, other workers of the said firm along with its proprietor Idrish P. W. I were present in the factory and were engaged in their activities when appellant Bablu arrived there and hurled abuses on Faheem Ahmad who had slapped the appellant two days ago. On account of this slapping, the appellant declared that he would not leave the deceased alive and pulled him out of the premises of the said firm. He then took out a butcher's knife from his pant and gave a knife blow on the back of Faheem Ahmad. Faheem Ahmad received a knife injury on the back of his chest and died on the spot. The factory owner Idrish tried to catch the appellant but he succeeded in running away using force. At the time of incident Tausik Ahmad, Anis Ahmad and Suresh also appeared there and tried to apprehend the appellant but he succeeded in running away. A report of the incident was scribed by Riyasatullah at the instance of factory owner Idrish and was handed over to police station Kotwali district Barreilly which was registered as case crime No. 1512 of 1997 under section 302/504 IPC.
(3.) THE investigation of the crime was taken over by Sri Padam Singh, S. I. Police station Kotwali who conducted me investigation till 18. 6. 1997. He recorded the statement of the complainant and the witnesses and also prepared a site plan after spot inspection. He found bloodstained earth at the place in front of the factory premises of the complainant where the dead boy of the deceased was lying. He collected bloodstained and plain earth and prepared inquest report. THE remaining part of the investigation was conducted by Sri Jitendra Tyagi P. W. 8 who submitted charge sheet against the appellant. In the course of investigation the dead body of Faheem Ahmad was sent for post-mortem examination and autopsy was performed on 8. 6. 1997 at about 4. 30 p. m. by Dr. S. K. Tiwari P. W. 3. THE doctor found a single ante-mortem injury on the body of the deceased which was of the following description. Stab wound 4 cm x 1. 5 cm x left chest cavity deep on the left side back of chest 2 cm below lower angle of left scapula. Margin of wounds were sharp and clean cut and everted. Dried and clotted blood was present around the wound.;