S. I. Jafri, J. - (1.) RIASAT, son of Nawab Uddin, resident of Mohalla Chiran, Police Station Kotwali, Rampur, has preferred this appeal against his conviction under sections 302 and 324 IPC and sentence of life imprisonment and six months' R. I. respectively under the aforesaid sections of the Penal Code, recorded by Sri Hukum Singh, Sessions Judge, Rampur, vide his judgment and order dated 21-11-1977 in Sessions Trial No. 160 of 1977 State v. RIASAT under sections 302/324 IPC Police Station Kotwali, Rampur.
(2.) THE case as disclosed in the First Information Report is that on 11th May, 1977 at about 8.15 A.M. Riasat appellant fatally injured Sultan and inflicted injuries on Zahid Khan PW 2 by means of a knife inside Jama Masjid, Rampur. It was alleged that the deceased Sultan aged about 70 years and Zahid Khan, PW 2 aged about 80 years, were employed for doing cleaning and sweeping work in the Central Mosque, Rampur and at about 8.15 A.M. while they were cleaning the floor of Jama Masijid, Riasat appellant came there and began to strike at the Jhar Phanoos (Chandelier) hanging to the ceiling inside the Hall of Jama Masjid, whereupon Sultan deceased asked him to desist from his (childish) pranks trying to break the aforesaid chandelier. Consequently, the appellant moved out of the hall and began to call him bad names. When the deceased objected to his abuse, the appellant whipped out a knife and delivered a knife blow which landed in the chest of Sultan deceased who fell down in the sahan and succumbed to his injuries instantly, Zahid Khan PW 2, Noor Ahmad PW 1 and Habibul Nabi Khan PW 3 who were present there, tried to apprehend the appellant but the appellant in order to keep the witnesses at bay, inflicted knife blows to Zahid Khan PW 2 while escaping. THE appellant was given a hot chase and he could be apprehended at a distance of about 25 paces from the mosque infront of the shop of 'Hansa Dry Cleaners' with the help of Ram Singh, constable and others together with the blood-stained knife in the hand of the appellant. Injured Zahid Khan was, thereafter, sent to District Hospital for being administered medical treatment for the injuries that he had sustained. Noor Ahmad PW 1 is the maker of the First Information Report in this case. He lodged the aforesaid written report at 9-10 A.M. on 11-5-1977 at Police Station Kotwali, Rampur, whereupon Constable Azhar Hussain, PW 8 prepared a Chile report on the basis of the aforesaid report and he also registered a case under section 302/324 IPC against Riasat appellant in the General Diary of the Police Station. R. P. Singh, Station Officer, Police Station Kotwali, who was present at the Police Station at the time of the registration of the case, undertook the investigation of the case. He recorded the statement of Head Moharrir Azhar Hussain, Constable Ram Singh and Noor Ahmad, complainant at Police Station Kotwali. Thereafter, he went to the place of occurrence and found the dead body of the deceased and sent the corps in sealed cover to the Mortuary for post-mortem examination through constables Wazi Ullah and Rajendra Prasad. While at the place of occurrence, the Sub-Inspector found blood and he collected the blood staked pieces of the platform of the mosque and also took unstained pieces of the platform and prepared recovery memo thereof Thereafter, the Investigating Officer recorded the statements of Habibul Nabi and others. The investigation of the case later on was taken over by Rajvir Singh Tyagi on 21-6-1977 and after recording the statement of Zahid Khan, PW 2, he submitted charge-sheet the same day.
(3.) INJURIES sustained by Zahid Khan were examined at District Hospital, Rampur on 11-5-1977 at 8.40 A.M. by Dr. G. K. Jain, who found the following injuries on his person : 1, Incised wound 2 cm. x 1/2 cm. x depth of which could not be probed. On the middle of the back in the spinal region 18 cm. below the c7 spine which had been kept under observation. 2. Abrasion 1, 1/2 cm. x 1/6 cm. on the back of left ear. The autopsy on the dead-bod;/ of Sultan deceased was conducted by Dr. R K. Misra, Medical Officer, District Hospital, Rampur on 11-5-1977 at 5.30 P.M. and the Doctor found the following ante-mortem injuries on his person : Incised wound 5 cm. x 1 1/2 cm. x chest cavity deep on the front side, nearly 14 cm. below the collar bone The wound was oblique and its margins were clean-cut. Internal examination of the body revealed that 4th, 5th and 6th ribs were cut and the muscles below them, were also cut. Pleura contained blood in both the sides and it was perforated. Arota was also cut from where it starts from heart 3 cm. long through and through.;