- (1.) THE appellant has preferred this appeal against the judgment dated 29-10-1991 passed by Vth Addl. Ses sions Judge, Lucknow convicting him under Section 302, I. P. C. and sentencing him to life imprisonment and a fine of Rs. 1,000/- and in default to further undergo six months R. I.
(2.) THE appellant as well as Ashfaq Alam deceased both were residents of Bihar. THE deceased hailed from Purnia district of Bihar. Both were young persons in their twenties. Within the jurisdiction of Hazratganj Police Station in Nanpara House, Star Montessori School was functioning of which P. W. 4 Mohd. Zameer was the Manager. P. W. 6 Khilawan was working as Chowkidar of the school and used to reside in a room of that building. THE deceased as well as the appellant were working as watch repairers in two different watch shop although owned by same per son, situated in Aminabad area. THE Manager of the school had rented out a room in the building of the school to the deceased and the appellant where they used to reside. P. W. 2 Wasiqur Rahman complainant also belonged to Purnia dis trict of Bihar. Father of the deceased had taught the complainant in a Primary School there. The murder of Ashfaq Alam took place during the night of 17/18-10-1989 in the same room in which he and the appel lant used to reside together which was a part of the school building. This murder was not seen by anyone. P. W. 3 Dr. Heera Lal Mehrotra had conducted post-mor tem examination of the deadbody of Ash faq Alam on 19-10-1989 at 2. 30 p. m. He found multiple incised wounds on dif ferent parts of the body which according to him would have been inflicted during the night of 17/18-10-1989. According to Dr. Mehrotra Ashfaq Alam died because of ante-mortem injuries inflicted on him. F. I. R. of the case was lodged by P. W. 2 Wasiqur Rahman on 18-10-1989 at 10. 30 a. m. at Hazratganj Police Station in which none has been named as an accused. How ever, it is mentioned that his suspicion was that the appellant had committed the mur der of Ashfaq Alam. It is mentioned in the F. I. R. that P. W. 4 Mohd. Zameer came to the house of the complainant at about 8. 00 a. m. and informed him that P. W. 6 Khilawan Chowkidar had informed P. W. 4 Mohd. Zameer that deadbody of Ashfaq Alam was lying in the room where the appellant and the deceased used to reside. Deadbody was bearing injuries and blood was lying in the room. The appellant was missing. It is also mentioned in the F. I. R. that since Ashfaq Alam deceased had no relations in Lucknow city, therefore writ ten report was being lodged by Wasiqur Rahman P. W. 4. Investigation was com menced by P. W. 7 Ram Prasad Bharti, In spector of Hazratganj Police Station. He recovered two Inland letters one of which was addressed to the appellant and the other was addressed to the deceased. He also recovered samples of blood-stained and simple earth. He prepared a recovery memo regarding personal articles of the deceased. The blood-stained clothes of the deceased were also recovered. Similarly, blood- stained cot etc. were also recovered. He interrogated the witnesses examined by prosecution in this case on the same day and prepared the site plan.
(3.) INVESTIGATION was completed by P. W. 9 Inspector R. P. Singh who submitted charge-sheet after the accused was ar rested. Proceedings under Section 82/83, Cr. P. C. had to be drawn against the appel lant before he could be arrested. The prosecution had examined 9 witnesses in all, out of whom P. W 2 Wasi qur Rahman is the complainant. P. W. 4 Mohd. Zameer is Manager of the School. P. W. 6 Khilawan is Chowkidar of the School, and P. W. 8 Km. Shamim Bano had turned hostile. P. W. 1 Syed Fakhrool Hasan had prepared Chik F. I. R. P. W. 5, Constable Ayodhya Prasad had taken the deadbody for post-mortem examination. P. W. 3 Dr. Heera Lal Mehrotra had con ducted autopsy of the deadbody of the deceased and the remaining two witnesses are formal.;