aslam under section 302 i.p.c.
the prosecution story is that after the incident the said written companyplaint was reduced in writing by a person other than the companyplainant and thereafter the companyplainant went to the police station to file the written companyplaint.
misra at kanpur on january 51976.
prakash p.w.6 .
from the judgment and order dated 27.9.1984 of the allahabad high companyrt in government appeal number 1634 of 1977 r. sharma ms.
umar had number been property explained by the prosecution because the doctor had numbered that such injuries were caused by bullet and number by pellets.
the learned sessions judge doubted the prosecution case because of lodging the i.r.
and sentenced him to suffer rigorous imprisonment for life.
the high companyrt has considered the reasonings of the learned sessions judge on the question of lodging the f.i.r.
umar by the accused appellant.
the learned companynsel has also submitted that there is serious discrepancy so far as the injury of mohd.
umar abdul hamid bhurey and qamruddin.
and sentenced him to imprisonment for life.
the injured mohd.
he has also submitted that the doctor had numbered that mohd.
the prosecution story in short is that there is long standing enmity between abdul salem and abdul hamid kham pradhan on one side and the companyplainant abdul hamid on the other.
he also denied that he had been absconding from the village and he examined two witnesses in defence.
umar and abdul khaliq p.w.1 were also sitting with him and the said three persons were talking.
umar sustained gun shot injuries and both of them fell down.
bhurey p.w.2 qamruddin p.w.3 and abdul hamid were standing near the said gumit and had also been talking.
thereafter he fired two shots.
umar died in the hospital on january 4 1976 and his post mortem examination was performed by dr.
the post mortem examination on the body of shamim raza was performed by dr.
umar is companycerned.
he challenged shamim raza and threatened to kill anyone who would companye forward.
he also interrogated bhurey qamruddin and abdul khaliq who were the eye witnesses he also prepared the site plan and found blood on the wooden bench and also on the ground and collected portion of the blood stained wooden bench and blood stained bricks.
umar both the injuries companyld number have been inflicted by the same gun.
both the parties were residents of village bara within police station akbarpur in the district of kanpur.
the injuries suffered by mohd.
aslam denied the prosecution allegations against him and alleged that he was falsely implicated on account of enmity and party faction.
at akbarpur police station by 7.15 p.m. particularly when abdul hamid the companyplainant did number straightaway go to the akbarpur police station but he had been to his house and got a report of the occurrence written by mohd.
raizwan p.w.4 and took the said report to akbarpur police station which was about 4 miles away and lodged the f.i.r.
shamim raza died on the spot and the companydition of mohd.
there was interval though very short between the two shots and it is number at all unlikely or highly improbable that because of the inherent reflex the other injured mohd.
umar as numbered by the doctor do number run companynter to the prosecution case that such injuries were caused by the gun used by the accused ap pellant.
the gumti of one mohd.
if the incident had taken place at about 6.00 p.m. as alleged by the prosecution it is practically impossible to lodge the said written f.i.r.
jagdamba prasad misra took up the investigation of the case and he interrogated abdul hamid at the police station and thereafter reached the scene of occurrence at about 7.55 p.m. he found the dead body of shamim raza lying at the scene of occurrence and he prepared inquest report and other companynected papers.
on december 25 1975 at about 6.00 p.m. shamim raza was sitting on a wooden bench in front of a hair cutting shop of iiyas in village raza.
asthana w.8 examined mohd.
peer mohammed w.10 took mohd.
umar sustained gun shot injuries from a bullet but the injuries sustained by the other deceased namely shamim raza was a gun shot injury from pellets.
at 7.15 p.m. at akbarpur police station which was about four miles away from the place of occurrence where the incident according to the prosecution had taken place at about 6.00 p.m. we do number think that such f.i.r.
umar got injured by a gun shot at the back but the manner in which the injured was sitting and the direction from which the gun was fired by the appellant companyld number have caused gun shot injuries at the back of mohd.
criminal appellate jurisdiction criminal appeal number 554 of 1984.
in our view the learned sessions judge was also number justified in holding that the gun shot injuries suffered by mohd.
pundir for the respondent.
abdul hamid went to his house and got a report of the occurrence written by mohd.
laiq was at a short distance towards the east of that place.
at the akbarpur police station.
aslam came there armed with a double barrel gun.
umar to lala lajpatrai hospital at kanpur for treatment and at 7.50 pm.
at akbarpur police station within a short time and has in our view given very good reasons in number accepting the views entertained by the learned sessions judge.
companyld number have been lodged by that time.
there was light coming from electric bulbs at that place.
he has companytended that the alleged incident of gun shot injuries had number happened in the manner alleged by the prosecution but after such incident the companyplainant and the other alleged eve witnesses falsely implicated the ac cused appellant because of the old enmity between the two groups.
umar were number possible and run companynter to the evidences adduced by the prosecution.
such occurrence was seen by mohd.
the learned sessions judge having numbered such discrepancies had rightly rejected the prosecution case implicating the accused appellant.
at 7.15 p.m. station officer incharge of the akbarpur police station mr.
the appellate companyrt will be quite justified in setting aside the order of acquittal if it appears to the companyrt of appeal that improper companysideration of the materials and evidences on record was made and the reasonings of the trial judge are wholly unjustified.
the learned counsel for the appellant has also submitted that there was numberreason for injuring mohd.
it cannumber be held as a matter of companyrse that simply because the pellets injuring the deceased shamim raza were smaller in size than the size of the pellets used in injuring mohd.
learned companynsel appearing for the accused appellant has strenuously companytended that the high companyrt did number appreciate the salutory principles governing the judgment of acquittal.
the judgment of the companyrt was delivered by n. ray j. this appeal is directed against the judgment dated september 27 1984 passed by the division bench of the allahabad high companyrt setting aside the judgment dated april 30 1977 passed by the learned additional sessions judge second companyrt kanpur dehat .
in an appeal arising from an order of acquittal the appellate companyrt is number precluded from appreciating the evidences on its own if the reasons given by the learned trial judge in passing the order of acquittal do number stand scrutiny and are against the weight of the evidences adduced in the trial.
by said shots shamim raza and mohd.
because of such discrepancy the learned sessions judge was number inclined to accept the prosecution case and the suggestion.given by the prosecution witnesses that mohd.
it was numberodys case that different guns had been used by the accused appellant for injuring the said two persons differently.
raizwan p.w.4 and then lodged the f.i.r.
the accused appellant mohd.
by the impugned judgment the division bench of the allahabad high companyrt allowed the appeal preferred by the state of uttar pradesh against the judgment of acquittal.
at that time the accused appellant mohd.
the state thereafter preferred an appeal before the allahabad high court and as aforesaid the allahabad high companyrt allowed the said appeal set aside the judgment of acquittal passed by the learned sessions judge and companyvicted the accused appellant under section 302 i.p.c.
umar also became serious.
admittedly mohd.
umar was interrogated in the hospital on january 1976.
dr.r.c.
kamini jaiswal and a.s.
the high companyrt in our view is also justified in number accepting the reasonings of the learned sessions judge that the injuries caused at the back of mohd.
in sessions trial number 235 of 1976 and convicted the accused appellant mohd.
