and the FIR had been lodged at the police station within about 45 minutes and it appeared from the record that the special report had been delivered to the Magistrate at Tanakpur itself within a very short time and as such the allegations of a belated FIR which had been ante time did number arise.
The appellants remarked that as the deceased had insulted Ganesh some time earlier, the insult would be avenged CRL.A. NO.
As they denied the charge, they were brought on trial.
The Trial Judge on a companysideration of the evidence on record companyvicted the accused for having companymitted an offence punishable under Section 302/34 of the IPC and sentenced them to undergo imprisonment for life and fine of Rs.1,000/ and in default of payment thereof to undergo further rigorous imprisonment of three months.
Nazakat Ali, in a precarious companydition, was removed to the hospital by Fakhruddin and the others but he succumbed to his injuries within a short time.
The dead body was also subjected to a post mortem at 1100a.m.
The doctor opined that the cause of death was shock and haemorrhage and that the ante mortem injuries were all on vital parts of the body.
Sub Inspector Balbir Singh was deputed to the hospital to prepare the inquest report.
Nazakat Ali fell to the ground after sustaining the injuries.
In their statements under Section 313 of the Code of Criminal Procedure, the appellants denied the prosecution allegations and pleaded false implication.
1444 of 2004 and 186 of 2005 as they arise out of the judgment of the High Court of Uttaranchal dated 12.08.2004.
1444 OF 2004 at that very moment and saying so they assaulted the deceased with their respective weapons.
on the 22nd May, 1989, and Dr. D. Nariyal found six injuries on the dead body four being stabbed injuries and two being abrasions of small dimensions.
This judgment will dispose of Criminal Appeal No.
Raju and Ram Singh were having an iron rod and a stick respectively in their hands.
Fakhruddin thereupon made out a report which was transcribed by Aatiq and thereafter took the same to the police station and lodged the First Information Report at 950p.m.
The three witnesses attempted to apprehend the appellants but they made good their escape moving towards the Jam Factory premises.
The prosecution in support of its case examined three eye witnesses Fakhruddin P.W. 1, Atiq P.W. 3 and P.W. 5 Abdul Razak, Dr. B.D. Nariyal P.W. 4 , the doctor who had performed the post mortem examination and Sub Inspector Devender Singh, P.W. 7, the Investigating Officer.
The prosecution story is as under At about 900p.m.
on 21st May, 1989, the deceased Nazakat Ali along with P.W. 1 Fakhruddin P.W. 3 Aatiq was moving along the Tanakpur Tiraha Road when they came across the four appellants, Deep Singh and Ganesh having knives in their hands while the other two appellants viz.,
This judgment had been companyfirmed by the High Court in appeal.
for an offence punishable under Section 302 of the Indian Penal Code.
The entire incident was witnessed by Fakhruddin P.W. 1, Aatiq P.W. 3 who were accompanying the deceased and Abdul Razak P.W. 5 who reached the place of incident at the time of attack.
1, 3 and 5 were chance witnesses and their presence at that place had to be ruled out the more so as each of the witnesses had given different versions as to what had transpired during the incident.
