S.K.JAIN, J. - (1.)THIS criminal appeal has been preferred by appellants Sarfaraz and Abdul Jabbar against the judgment and order dated 16 -8 -1982, passed by learned IInd Addl. Sessions Judge, Allahabad in S.T. No. 419 of 1980 convicting and sentencing appellant Sarfaraz and Abdul Jabbar to life imprisonment for the offence punishable under Section 302, I.P.C. and 302 read with Section 34, I.P.C. respectively.
(2.)APPELLANT Abdul Jabbar died during the pendency of appeal as such the appeal against him stood abated vide order of this Court dated 10 -7 -2007.
The facts essential for the purpose of this appeal are as follows : The prosecution case in brief is that on 16 -10 -1979 at 8.30 p.m. Shakir Hussain PW1 submitted a written report Ext. Ka -1 at police station Atarsuiya. The prosecution story as unfolded in this report is that on that day the first informant PW1 due to some personal work had come to the house of his brother -in -law, deceased Nazim. He was gossiping with deceased and his wife in the outer room in the house of deceased. The daughter of deceased, Rukaiyya, PW7 was standing out side the door of that room. The first informant, deceased and his wife saw, that appellant Sarfaraz, at about 6.00 p.m. who was standing near the boundary of his house, pointing out towards Rukaiyya appellant Sarfaraz said 'Hai Dhanno.' This remark of Sarfaraz was not liked by the first informant and his companions. Deceased scolding appellant Sarfaraz said that he was out of his head, he should be ashamed of teasing a minor girl. Appellant, Sarfaraz became rash and said that he could do whatever he likes, if he felt bad about the same he should keep his daughter under lock. Deceased said to appellant Sarfaraz that if he repeats the same he would pull out his tongue. Appellant Sarfaraz with open knife in his hand came out of the house and started hurling abuses at the deceased. A quarrel took place between appellant Sarfaraz and deceased. Appellant Abdul Jabbar, who is father of appellant Sarfaraz also arrived and scolded the deceased that he was making false allegation against his son and thereby insulting him. The deceased said TUM LOGON KO SHARM HAYA NAHI RAH GAYEE HAI AUR ULTE APNE LADAKE Kl GALAT TARAFDARI KARNE CHALE AYE HO. As soon as the deceased uttered these words appellant Abdul Jabbar exhorted Sarfaraz SALA BADA AKAD KE BOL RAHA HAI MAR SALE KO. Appellant Sarfaraz on his exhortation gave a blow of knife on the thigh of deceased Nazim. The occurrence was witnessed by Zamir, Haidar, Wazir, Mehadi and others. When they challenged the appellants they ran away towards their house. The deceased Nazim fell down on the ground. His wound was bleeding. Seeing his serious condition PW1 with the help of family members got him admitted to the Hospital at Allahabad, where he was declared dead.

(3.)ON the basis of this written report Ext. Ka -1, Head Constable Kesh Narain PW5 prepared a chick report Ext. Ka -3 and made entry in the G.D. Ext. Ka -4. PW9 S.I. Avadh Raj Singh in whose presence this case was registered took up the investigation. He arrested the two appellants on 24 -10 -1979 and on the basis of statement of appellant Sarfaraz on his pointing out recovered and sealed the knife by which he had caused injuries to Nazim. The knife was recovered from the back side of the house of appellant Sarfaraz in presence of witnesses Abbas Naqvi, Sayed Zamir, Haider (PW6). Its recovery memo Ext. Ka -5 was prepared. He prepared site plan of the place of occurrence, Ext. Ka -7. He took into possession the blood stained and simple earth from the place of occurrence and sealed them and prepared its Fard Ext. Ka -1 and after completing the investigation remitted the charge -sheet Ext. Ka -10 against the two appellants. The Investigating Officer prepared the inquest report and after preparing necessary papers for the post -mortem sent the dead -body to the Government Hospital, Allahabad.