- (1.) V. P. Mathur, J. The appellant Iqbal Ahmad son of Abdul Sattar, r/o village-Mahgaon, P. S. Pura Mufti, District-Allahabad has come up against the order of his conviction under Section 302 I. P. C. and sentence of life impri sonment and additional conviction under Section 323 I. P. C and sentence of rigorous imprisonment for one year, passed by Mr. B. N. Srivstava, the then IV Additional Sessions Judge. Allahabad on 25-5-1978.
(2.) THE deceased in this case is Saeed who was brother of P. W. 2 Raees Ahmad and also resident of village-Mahgaon. This occurrence took place on 5-1-1971 at about sunset which will be near about 6 p. m. THE ffrst information report was lodged by Bashir injured (P. W. 1) in police station Pura Mufti, District, Allahabad which is at a distance of five miles from the place of occur rence at 7-00 p. m. on 5-1- 1971. Saeed died on the spot an Bashir sustained injuries. The prosecution story is that on 4-1-1971 there was a khatna ceremony at the house of the Kalloo Ansari since deceased. Bashir was there to prepare Nans and was doing that work, when the accused- appellant Iqbal Ahmad reached there and prevailed upon him to prepare Nans of two kilograms of flour for him and agreed to pay 8 annas as wages on the next day. The breads (NANS) were prepared and handed over to him. Then on 5-1-1971 at about sunset Bashir (PW 1) suddenly met appellant Iqbal Ahmad near the cattle trough of Nanhu and asked for his wages. It agpears that the accused-appellant Iqbal Ahmad immediately got enraged and started giving blows with kicks and fists to him. It may be mentioned here that Bashir was aged about 45 years at that time. He was so seriously thrashed that he fell down during the course of assault on him a number of times and bled. He cried out and Rais Ahmad (PW 2), Saeed (the victim of this case) brother of Rais Ahmad, Dulare and Sabau all rushed to the place of occurrence. It is not disputed that these persons are residents of houses in the neighbourhood of the scene of occurrence. On seeing them and specially Sayeed, the accused-appellant Iqbal Ahmad was deeply infla med and he rushed at Sayeed after whipping out a revolver from the folds of his clothes and after putting a cartridge in it. Sayeed ran into the chhappar of Sabau. Iqbal Ahmad chased him and reached there. The deceased started running around the eastern pillar, on which the chhappar was resting and the appellant also contiuued to chase him. Then the deceased jumped into the lane towards the east of this chhappar. This lane is said to be only two paces wide and his intention apparently was to enter into the house of Sabau which was just across the lane. The appellant however also jumped behind him and did not give him any opportunity to enter into the house. He fired the fatal shot which hit the deceased on his back. He slumped down and died. The appellant made his escape good. 4, Bashir (PW 1) who was also injured in the earlier part of the incident rushed to the Thana and lodged the first information report at 7-00 p. m. the same day. The Investigating Officer Lalta Prasad Singh recorded Bashir's statement and then came to the scene of occurrence where he interrogated Rais Ahmad (PW 2), Sabau and Dulare. He sent Bashir for medical examination. Dr. R. K. Dhawan (PW 8) examined the injuries of Bashir at 10 p. m. the same day, vide, injury report Ext. Ka-4. The following injuries were noted : 1. Swelling of the lower and upper eye lid left side. Black eye was present. 2. Bruise on the upper lip left half, 2 cm x cm obliquely placed, red coloured with diffused swelling present. 3. Swelling on the lower lip, left half, red coloured with diffused swel ling. Haematoma on the scalp occipital-parietal region 4 cm x 3 cm over the left half, 9 cms above and medial to the left mastoid process. All these injuries were caused by some blunt object. In his Ltatement, the doctor agreed with the suggestion that these injuries could have been caused 'as a result of kicks and fists at 5-00 p. m. on 5-1- 71.
(3.) ON 6-1-1971 the inquest on the deadbody was conducted by P W 7 Lalta Prasad Singh, Investigating Officer. The deadbody was then sent for post mortem examination to the mortuary which was conducted by Dr K K Khanna (PW6) in the District Hospital at MO p. m. on 7-1-1971. The post mortem report is Ext. Ka. 10. The doctor found four gun shot wounds on the anterior side of the chest, each wound being \" in diameter on the dead body. They were as follows :- (1) ONe wound of entry on right side 4" below and medial to the rieht nipple. (2) Three wounds of entry on the left side 4" below the left nipple anri 2" away from the wound No. 1. 3. There was one wound of exit on the posterior surface on the chest just below the inferior angle of the scapula" in diameter. The internal examination revealed anaemia in the membranes of the brain, laceration in an area of 4" in the right lung and multiple lacerations in an area 6" in the left lung. There was one hole in the right lung and three holes in the left lung. Plura has also one hole. Laryngs was congested. There were blood clot below the lungs. The Doctor extracted five pellets (Ext. 5) from the deadbody. In his opinion all these injuries had been caused as a result of gun shot firing and the death could have taken place at about 5. 00 or 5-30 p. m. on 5-1-1971. The dead body was putting on a blood stained sweeter (Ext. 1), lungi (Ext. 2 ). baniyan (Ext. 3) and under-wear (Ext. 4 ). All these articles were taken into custody, sealed and sent to the authority concerned, They were ultimately sent to the Chemical Examiner and Serologist and lastly were sent to Medico-Legal Expert of the State of U. P.;