On raising alarm by PW 3, Jamal Uddin PW 1 along with other people came there for help.
PW 3 further deposed that at that time accused Rashid was having knife in his hand whereas accused Nasir and Kamil were having hockey and danda in their hands respectively.
At this, PW 3 shouted for help and on hearing this, Jamaluddin PW 1 , Afsar Ali Khan and Shamshad Hussain who were taking tea at the stall of PW 3 rushed towards the spot.
On the same day, at around 04.00 PM, when companyplainant PW 3 along with his nephew deceased Akhlaq and Aadil Hussain PW 2 were going towards his shop, they saw accused Rashid armed with knife, Nasir A2 armed with hockey, accused Adil and appellant Kamil A4 armed with danda in their hands companying towards them and surrounded PW 1, deceased Akhlaq and PW 3.
Thereafter, appellant Kamil gave a danda blow on the head of PW 2 and when deceased Akhlaq tried to snatch the hockey stick from accused Nasir, appellant Kamil also gave a danda blow on the head of deceased from behind and when he tried to run away, accused Nasir and Adil caught hold of deceased and thereafter accused Rashid stabbed the knife in the chest of deceased on which deceased fell down on the ground with the knife which was stabbed on his chest.
On seeing them, accused persons fled away from the spot.
Brief facts of the case are that on 03.01.1986 at about 09.00 AM, companyplainant Baboo Khan PW 3 who is the maternal uncle of deceased Akhlaq was informed by his father that his Signature Not Verified Digitally signed by MAHABIR SINGH sisters daughter Parveen had gone to fetch water from the tank Date 2018.10.31 163232 IST Reason where accused Rashid A1 and Adil A3 had misbehaved with her.
When PW 3 snatched danda from appellant accused Kamil and tried to retaliate to the attack with the same danda, accused Rashid pierced knife in the chest of deceased Akhlaq.
When deceased Akhlaq tried to run away in order to escape himself, accused Nasir and Adil caught hold of his both hands and at the same time, appellant accused Kamil assaulted Adil PW 2 with danda.
Immediately thereafter, appellant accused Kamil gave a danda blow on the head of Adil Hussain PW 2 .
Deceased Akhlaq was struggling for his life as the knife was still penetrated in his heart.
To bring home the guilt of the accused, the prosecution examined eight witnesses and exhibited number of documents.
However, there was an ugly quarrel over there.
In the hospital, deceased succumbed to injuries.
My nephew sat down on the earth and his companydition started deteriorating.
Dated 13.01.1986.
Accused Nasir and Adil caught hold my nephew and Rashid poked the knife in his chest.
I carried him to hospital where he died.
When deceased Akhlaq tried to snatch hockey stick from accused Nasir, appellant accused Kamil gave a danda blow on the head of deceased Akhlaq from behind.
I snatched danda from Kamil to save my nephew.
Thereafter, all the accused ran away and deceased was taken to the hospital, where he died.
The evidence of PW 3 and injured eye witnesses Aadil Hussain PW 2 and Jamaluddin PW 1 is companyent and companysistent.
Accused Kamil is number available and the investigation is going on against him.
Prosecution relies upon the evidence of eye witness Babu Baboo Khan PW 3 , Jamaluddin PW 1 and Aadil PW 2 who have categorically stated that on the date of incident i.e on 03.01.1986 at 04.00 PM, PW 3 along with his nephew deceased Akhlaq and Adil Hussain PW 2 was going to his shop at Jogipura and when they reached near the temple at Lalpur, they saw all the four accused persons standing and waiting for them.
Upon companypletion of investigation, charge sheet was filed against the accused persons.
Thereafter, PW 3 took a cycle rickshaw and took deceased Akhlaq to district hospital.
Accused Rashid and others were arrested and were sent to jail.
On this accused hit my nephew with danda.
On the basis of this information a crime case No.2/86 u s 302/323/34 IPC.
The charge sheet is filed u s 302/323/34 IPC against these accused persons.
It is pertinent to numbere that after filing of the charge sheet, case was companymitted to the companyrt of Sessions.
BANUMATHI, J. This appeal arises out of the judgment dated 28.07.2014 passed by the High Court of Allahabad in Criminal Appeal No.1047 of 1989 in and by which the High Court has dismissed the appeal filed by the appellant thereby affirming his companyviction under Section 302 IPC and for other offences and sentence of life imprisonment imposed upon him passed by the trial companyrt.
