IMPORTANT POINT
Serious injury caused by deadly weapon on vital part of body of person who were unarmed negates any just plea for right to self defence

JUDGMENT

K. Venkataswami, J-Thisappeal is preferred under Section 379 of the Code of Criminal Procedure in connection with a double murder which took place at about 10.00 a.m. on 26.4.79. Seven accused, namely, Sirajul Haq, Abdulas, Anwar ALi Zainul Abdin, Yunus, Haroon and Baitullah, were charged under Section 147,148,302 read with Section 149, I.P.C. The case of the prosecution as called out from the paper book is as follows

2. On the fateful day the deceased Nabi Rasool, brother of Informant in the case and another deceased Nisar Ahmed, cousin of the informant, were going from east to west in Chhithi village within Mahuli Police Station, Basti District. When all the accused were concealing their presence behind a Masjid, which was on the eastern side of the house of Sirajul Haq accused As soon as both the deceased reached near the Masjid. Accused 1 3 and 4 gave a lalkara to kill the accused. On this, the deceased raised alarms and ran towards the north of the Masjid. At that time PWS 2, 3, and 4, who were sitting at the door of one Abdul Rashid, ran towards them. In the meantime, A-2 dealt a spear blow on the chest of Nisar Ahmad. On account of that, he fell down in the field of Mujibullah and died instantaneously. Accused 5 to 7 surrounded Nabi Rasool and caused spear injuries to him. Nabi Rasool ran with the injuries on his body and fell down in the room of one Mohd. Hussain. He was taken later on to the Hospital where he died at 7.10 p.m. on 26.4.79. When PWs 2 to 4 and others rushed to save the victim the accused made good their escape.

3.After the incident, PW2, Informant, gave a Report and the FIR was lodged on the same day at 11.00 a.m. on the basis of the written report given by the Informant PW.6.a Sub-Inspector, reached the place of occurrence at 11.45 a.m. and prepared an Inquest Report and the dead body of Nisar Ahmad was sent to the mortuary. Thereafter, he examined the prosecution witnesses. On their pointing out he prepared a site plan in respect of the place of occurrence, recovered blood stained and ordinary earth from the place of occurrence and a recovery memo was prepared in respect thereof.

4.PW.l, the Doctor who conducted the post-mortem of the deceased Nisar Ahmad.found the following ante-mortem injury

"Punctured wound 3 cms. x 1.5 cms x chest cavity deep over left side of chest 2 cms medial to left nipple placed vertically directed oblique medially and backward The margins of wound are quite sharp and gaping The injury is situated by the side of sternal bone cutting 4th and 5th (ribs) cartilages vertically and thoroughly Internal examination revealed cutting of 4th and 5th cartilages under the injury. The surface of chest-wall was congested under the injury. 2.5 litres of blood was found in the chest cavity. Pericardial sec. was punctured 3 cm. x 1 cm. Right Chamber of head was punctured 2 cm. x 0.6 cm. Rest of the internal organs were normal."

The Doctor was of the opinion that the death of Nisar Ahmad was due to shock and haemorrhage as a result of ante-mortem injury. One Dr. Avinash Chandra examined the injuries inflicted on by Nabi Rasool and found the following injuries on the body of Nabi Rasool when he was brought to the Hospital

"(1) Punctured wound 4 cms. x 2 cms.x plural cavity deep right side front of chest vertically placed 14 cms away from right nipple. Bleeding present kept under observation, Margins sharp

(2) Abrasion 1 cm. x 1 cm. on right thumb.

(3) Incised wound 1 cm. x 0.2 cm x muscle deep on lefi thumb stern aspect According to the Doctor, Injury Nos. 1 and 3 were caused by sharp-edged point weapon and they were fresh at the time of examination. After the death of Nabi Rasool, PW.l conducted the post-mortem of deceased Nabi Rasool and he gave his report as follows

1. Situated wound 4.5 cms long with 4 stitches. After removal of stitches, the margins are sharp. The wound is stitched over right side of chest inposterior axillary line 0.5 cms below axillary Placed vertically Directed