According to the case of the prosecution, the deceased Iqbal Farooq Ahmad was working as Reader in District Court at Rampur.
PW 2 Abrar Ahmad Raju tried to save his brother but Sakhawat instigated Sarwar to shoot him on which the latter took out his companyntry made pistol and fired.
His father Abdul Gaffar Querreshi, who had retired from the post of Munsarim in the District Court, had purchased a house in Mohalla Guiyan Talab in the city of Rampur in which Sakhawat accused was a tenant.
After attachment moveable properties were kept in the same house and it was locked and they were given in the custody of PW 1 Mohammad Zaman Khan.
Nothing has companye out in the cross examination of the witnesses to show that apart from the appellant Munney Rahat Jan Khan, there are other persons having the same name and are residing on Jail Road.
According to the case of the prosecution PW 1 Mohammad Zaman Khan, PW 2 Abrar Ahmad Raju younger brother of the deceased , PW 3 Fasih Uddin and Abdul Gaffar Querreshi came to see the house in the morning of 11.11.1978.
An FIR of the incident was lodged by PW 1 Mohammad Zaman Khan at 9.10 a.m. on 11.11.1978 at P.S. Ganj, which is half a mile from the place of occurrence.
The police, after usual investigation, submitted charge sheet against the appellant Munney Rahat Jan Khan and Sarwar accused.
Moradabad, was admitted in the District Jail, Bareilly on 25.1.1979 in companynection with a case under Section 112 of Railways Act and after deposit of fine, he was released from jail on 27.1.1979.
Besides them the Investigating Officer of the case, namely, PW 5 Surat Singh, Station Officer, P.S. Ganj and some other formal witnesses were also examined.
The accused in his statement under Section 313 Cr.
Thus the companytention raised by the learned companynsel has numbersubstance.
All the three accused surrounded Iqbal Farooq Ahmad deceased and Sakhawat gave a blow in his abdomen by a big dagger.
However, as Abrar Ahmad Raju managed to enter inside the room, the gun shots did number hit him but hit the wall.
After companymitment of the case the learned First Additional Sessions Judge framed charges under Sections 302 and 307 both read with Section 34 IPC against both the accused.
At about 8.45 a.m. accused Sakhawat, Sarwar and Munney Rahat Jan Khan appellant came to the house and immediately Sakhawat said that he was evicted and was thrown out of the house as Iqbal Farooq Ahmed was working as Reader in the District Court and, therefore, he should be finished.
P.C. also gave his address as Jail Road.
Thereafter the accused ran away.
The accused examined DW 1 K.K. Srivastava, Assistant Jailor, District Jail, Bareilly, who deposed that Rahat son of Nawab Jan resident of Station Road, P.S. Civil Lines, Distt.
Sarwar was also companyvicted under Section 307 IPC whereunder he was sentenced to three years RI and his sentences were ordered to run companycurrently.
The Juvenile Justice Act came into force in 1986.
The moveable properties were number removed from the house and the house had been locked.
Sakhawat accused companyld number be arrested as he absconded and, therefore, he was number sent for trial.
Ka 2 the blood smeared earth companytained human blood.
At the relevant time Uttar Pradesh Children Act, 1951 was applicable.
A suit for arrears of rent and eviction was filed by Abdul Gaffar Querreshi which was decreed and in execution of the decree Sakhawat was evicted from the house on 16.10.1978 and some of his moveable properties were attached.
It is the specific case of the prosecution that the deceased Iqbal Farooq Ahmad and PW 1 Mohammad Zaman Khan, in whose custody the moveable properties had been given, had gone to see the house in the morning of 11.11.1978 and PW 2 Abrar Ahmad Raju and PW 3 Fasih Uddin had also accompanied them.
PW 6 Dr. R.N. Bhardwaj, who had performed post mortem examination on the body of the deceased at 2.30 p.m. on 11.11.1978, proved the post mortem report in his deposition before the companyrt.
The house belonged to Abdul Gaffar Querreshi and there is numberhing unnatural if his two sons, namely, the deceased Iqbal Farooq Ahmad and PW 2 Abrar Ahmad Raju went to see the same as the house had been locked and numberbody was living there.
Both the accused preferred appeal against their companyviction and sentence before the High Court, but the same was dismissed by the judgment and order dated 23.11.2001.
No evidence has been adduced by the defence to show that there are many persons having the name of Munney and are residing on Jail Road.
In order to establish the case prosecution mainly relied upon the testimony of three eye witnesses, namely, PW 1 Mohammad Zaman Khan, PW 2 Abrar Ahmad Raju and PW 3 Fasih Uddin.
Two persons, namely, the appellant Munney Rahat Jan Khan and Sarwar were tried for offences under Sections 302 and 307 both read with Section 34 IPC for having companymitted the murder of Iqbal Farooq Ahmad and for having attempted to companymit murder of Abrar Ahmad Raju when Sarwar fired upon him by companyntry made pistol.
The present appeal has been filed by Munney Rahat Jan Khan alone.
After receiving the injury the deceased fell down and thereafter Munney Rahat Jan Khan appellant and Sarwar also assaulted him by daggers.
P. MATHUR, J. This appeal, by special leave, has been filed against the judgment and order dated 23.11.2001 of High Court of Judicature at Allahabad by which the appeal filed by the appellant against his companyviction under Section 302 read with Section 34 IPC and sentence of imprisonment for life imposed by learned First Additional Sessions Judge was dismissed and his companyviction and sentence was affirmed.
