ISRAR Vs. STATE OF U P
LAWS(ALL)-2003-10-130
HIGH COURT OF ALLAHABAD
Decided on October 01,2003

ISRAR Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents


Referred Judgements :-

STATE OF RAJASTHAN V. BHAWANI AND ANOTHER [REFERRED TO]
KOLI LAKHMANBHAI CHANABHAI VS. STATE OF GUJARAT [REFERRED TO]


JUDGEMENT

U. S. Tripathi, J. - (1.)-This appeal has been directed against the judgment and order dated 22.1.1981 passed by 5th Additional Sessions Judge, Muzaffarnagar in Sessions Trial No. 161 of 1980 convicting appellants Afzal alias Patel and Israr under Section 302 read with 34, I.P.C. and sentencing each of them to undergo imprisonment for life.
(2.)THE prosecution story briefly stated was as under : Zamil Ahmad deceased had his grocery shop in mohalla Gali Darjiyan, Police Station, Kotwali, Muzaffarnagar city. Appellant Afzal had forcibly demanded money from Kalloo younger brother of Zamil Ahmad deceased, Kalloo had told this fact to Zamil Ahmad deceased and when he complained to appellant Afzal he threatened to kill him.
On the night of 4.10.1979 at about 9.30 p.m. Zamil Ahmad deceased after closing his shop was returning to his house in mohalla Khala Bazar along with Imran (P.W. 2). When he reached in front of Masjid Kumharan near mohalla Khala Bazar appellant Afzal alias Patel and his uncle Israr met him in Gullar wali Gali and they started saying that he had got them arrested and no body would save them. Saying it Israr appellant caught hold Zamil from his back and Afzal appellant inflicted knife blows on him. Zamil Ahmad raised alarm and hearing his alarm Noor Ilahi (P.W. 3), Iqbal (P.W. 4) and Sayeed (P.W. 5) rushed to the spot and saw the occurrence. On the challenge given by the witnesses the appellants ran away flashing knife. Imran (P.W. 2) took Zamil Ahmad to District Hospital, Muzaffarnagar, where his injuries were examined by Dr. R. K. Tandon who found three incised wounds on his person and prepared injury report (Ext. Ka-17).

After admitting Zamil Ahmad in District Hospital, Muzaffarnagar, Imran (P.W. 2) prepared written report (Ext. Ka-2) and came to police station Kotwali where he lodged written report at 11.15 p.m. On the basis of written report chik F.I.R. (Ext. Ka-9) was prepared by Constable Rajendra Singh (P.W. 7), who made an endorsement of the same at G.D. report (Ext. Ka-10) and registered a case against the appellants under Section 324, I.P.C. Imran (P.W. 2) also deposited blood stained bush-shirt of Zamil Ahmad which was taken into possession by Constable Rajendra Singh vide recovery memo (Ext. Ka-3).

(3.)THE investigation of the case was taken by Sri Fateh Singh, Investigating Officer (P.W. 8). He interrogated Constable Rajendra Singh (P.W. 7) and arrested the appellants. On receipt of injury report the case was altered under Section 307, I.P.C. on 6.10.1979.
The dying declaration of Zamil Ahmad deceased was recorded on 7.10.1979 by Sri Jag Prasad, Executive Magistrate, Muzaffarnagar (C.W. 1). The condition of Zamil Ahmad deceased was serious and therefore, on the night of 8/9.10.1979 he was shifted to All India Institute of Medical Sciences, New Delhi, where he died on the night of 9/10.10.1979 at 11.15 p.m. Information regarding his death was received at police station, Vijay Nagar, New Delhi. S.I. Ram Niwas (P.W. 6) of police station Vijay Nagar, New Delhi came to All India Institute of Medical Sciences, New Delhi, where he conducted inquest of dead body of the deceased and prepared inquest report (Ext. Ka-5) and other relevant papers. He sealed the dead body of the deceased and sent the same for post-mortem.



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