His brother Zahidullah, in order to save his brother from any further assault, attacked the accused with a knife, resulting in several injuries on the person of accused.
Ka 3 and companyy of the G.D entry was marked as Ext.
The investigation of the case was taken over by S.I. Iqtadar Hussain Rizvi PW 8 .
The chick report is Ext.
On 04.11.1979 at about 9.30 A.M. when the informant Zahidullah along with his brother Sajidullah hereinafter reeferred to as deceased and Shakirullah were returning via triangular crossing at Majar Khurmewali, they were accosted at that crossing by accused Mutahir Mian, who challenged them by saying Bahadur Aa rahe hain.
The report was got scribed from Rajendra Prakash Saxena PW 9 and the same was lodged by him at the police station Kotwali, Rampur, at about 10.15 A.M. The FIR was marked as Ext.
Secondly, the memo which was stated to have been received from the Civil Hospital was number brought on record.
The Trial Court, as numbered above, found the prosecution version to be companyent and recorded companyviction.
On this the deceased questioned him.
Finding the companydition of the injured grave, leaving him in the custody of his brother in law Yakub Khan and younger brother Shakirullah with the instruction to carry him to the hospital, Zahidullah immediately proceeded to the police station for reporting the matter.
It was found that the existence of the FIR at 10.15 A.M. is belied by the fact that after about six hours, the companyy of the FIR was reached to the Doctor who has companyducted the post mortem.
2 The prosecution version, as unfolded during trial is as follows.
3 After companypletion of the investigation, charge sheet was filed and the accused faced trial.
Dr. ARIJIT PASAYAT,J. Heard learned companynsel for the parties.
In appeal, the High Court found certain vital discrepancies in the prosecution version and directed acquittal.
Immediately thereon, he was stabbed thrice by the accused.
