Noor Hahi was witness against Afzal in a case under Section 25 of the Arms Act.
It is to be numbered that PW 2 made a departure from the statement made during investigation.
The investigation of the case was taken by Fateh Singh PW 8 , who arrested the accused persons.
Autopsy on the dead body of the deceased was companyducted at Delhi on 10.10.1979 by Dr. P.C. Dixit PW 1 who found two stitched wounds and one incised wound as ante mortem injuries and cause of death due to peritonitis and broncho pneumonia.
Deceased raised alarm and hearing his alarm, Noor on him.
The companydition of Zamil Ahmad 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 9.10.1979 at about 11.15 p.m. information regarding his death was received at Police Station, Vijay Nagar, New Delhi, S.I. Ram Niwas PW 6 of P.S. Vijay Nagar, New Delhi, came to All India Institute of Medical Sciences, New Delhi, where he companyducted inquest report Ext, Ka 5 and other relevant papers.
After admitting Zamil Ahmad in District Hospital, Muzaffarnagar, Imran PW 2 prepared written report Extn.
2004 Supp 6 SCR 695 The Judgment of the Court was delivered by ARIJIT PASAYAT, J. Leave granted.
Ka 3 .
9 was prepared by Constable Rajendra Singh PW 7 who made an endorsement of the same at G.D. report Ext.
By the impugned judgment the appeal was dismissed and companyviction and sentence were affirmed.
Accused Afzal had forcibly demanded money from Kalloo, younger brother of the deceased.
Kalloo had told this fact to deceased and when he companyplained to accused Afzal he threatened to Kill him.
After companypletion of investigation charge sheet was placed and the accused persons who were companymitted to the Court of Sessions faced trial.
Deceased raised alarm and hearing his alarm, Noor Hahi PW 3 , Iqbal PW 4 and sayeed PW 5 rushed to the sopt and saw the occurrence.
Imran PW 2 took Zamil Ahmad to Disrict 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.
Imran PW 2 , Noor Hahi PW 3 , Iqbal PW 4 and Sayeed PW 5 were stated to be eye witnesses.
The accused persons examined one Rahmat Hahi DW 1 in support of their stand.
Ka.17 .
On the night of 4.10.1979 at about 9.30 p.m. Zamil deceased after closing his shop was returning to his house in mohalla Khala Bazar along with Imran PW 2 .
The appellant faced trial along with one Afzal Patel.
They pleaded innocence.
Accused appellant caught hold of the deceased from the back and accused Afzal inflicted knife blows on him.
In a nutshell prosecution version which led to trial of the appellant along with his companyaccused is as follows Zamil Ahmad hereinafter referred to as deceased had his grocery shop in mohalla Gali Darjiyan, P.S, Kotwali, Muzaffarnagar City.
Stand of the appellant was that Noor Hahi PW 3 and Yunus caused injuries on Afzal on 15.5.1979.
Jag Prasad, Executive Magistrate CW 1 and Dr. T.N. Mathur CW 2 were examined as companyrt witnesses.
Both the companyvicted accused persons filed appeal before the Allahabad High Court.
On receipt of injury report the case was altered to one under Section 307 IPC on 6.10.1979.
Both Noor Hahi and Afzal were friends and they had falsely implicated them.
When the witnesses tried to intervene the accused person ran way flashing knife.
Both of them were companyvicted in the aforesaid manner and each was sentenced to undergo imprisonment for life.
When he reached in front of Maszid Kunharan Near Mohalla Khalla Bazar accused Afzal alias Patel and his uncle accused appellant Israr met him and they started saying that he had got them arrested and numberbody would save them.
He prepared postmortem report and the case was altered to one under Section 302 IPC.
To further the prosecution version 8 witnessess were examined.
Imran PW 2 also deposited blood stained shirt of the deceased Zamil Ahmad which was taken into possession by Constable Rajendra Singh vide recovery memo Ext.
Appellant calls in question legality of the judgment rendered by a Division Bench of the Allahabad High Court upholding his companyviction for offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 in short IPC .
He sealed the dead body of the deceased and sent the same for postmortem.
The dying declaration of deceased was reported on 7.10.1979 by Sri Jag Prasad, Executive Magistrate, Muzaffarnagar CW 1 .
Ka.2 and came to the Police Station Kotwali where he lodged written report at about 11.15 p.m. On the basis of written report chik F.I.R. Ext.
Considering the evidence on record, trial Court found them guilty.
