Hon’ble Vinod Prasad, J.—Challenged in this appeal by the sole appellant Raees is to his conviction under Section 302 IPC and imposed sentence of life imprisonment with fine of Rs. Five thousand and in default in payment thereof to serve six months further imprisonment, implanted by Special Session’s Judge, J.P. Nagar in S.T. No. 463 of 2001, State v. Raees and others, relating to PS Hasanpur, district J.P. Nagar vide it’s impugned judgment and order dated 26.8.2004. By the same judgment, trial Court has acquitted three other accused Shabbir, Afsar and Imtiaz.

2. Unfolded prosecution case, stated briefly,are that on 19.7.2001 at 7.15 p.m. appellant fatally thrusted spear blow in the chest of deceased Nisar, brother-in- law of informant PW1 Kayamuddin at the shop of P.W. 1, at the instigation of Shabbir while two other culprits Imtiaz and Afsar were catching hold of him. Other malefactors were armed with knife and tabal. This incident was witnessed by Shaukin, Ehsan and Aurangzeb. Informant was also caught hold by Shabbir during the blow. Motive behind the crime was an altercation which had ensued between accused Imtiaz and the deceased for wooden rings, which belonged to accused Imtiaz. Written report, Ext. Ka 1 about the murder was scribed by Mohd. Hasam at the dictation of informant PW 1 Kayamuddin, who then rushed to the police station Hasanpur and lodged it there, covering a distance of 3 kms.

3. Head Moharrir Arvind Kumar, PW 8 registered the FIR as crime number 566 of 2001, under Sections 302/506, IPC, same day at 8.45 p.m., prepared chik FIR, Ext. Ka 3 and GD entry, Ext. Ka 4. Incharge Station Officer B.P. Singh, PW 9 commenced the investigation who interrogated the witnesses, prepared site plan , Ext. Ka 5, took remand of the appellant and at his pointing out recovered murder weapon and prepared it’s seizure memo Ext. Ka 4. I.O. got inquest conducted on the corpse through SSI Suresh Chand Yadav and proved inquest report Ext. Ka 6. Concluding investigation he had laid a charge-sheet against the accused vide Ext. Ka 7.

4. Autopsy of the cadaver of Nisar was performed on 20.7.2001 at 2.10p.m by Dr. Sunil Kumar, PW 6, which was brought to him by Constables Khurshid Alam and Dinesh Singh. Doctor found the deceased to be aged about 18 years having an average built body and rigor mortis had passed off from his neck and present on upper and lower extremities, mouth closed and eyes half open. Following single ante mortem injury was detected on the deceased corpse :

1. Stab wound 3.5 cm x 2.5 cm x chest cavity deep over left side of chest(front) 5 cm away from left nipple at 10' O clock position.

5. On internal examination doctor found pleura and left side lung incised, 200 gms of un-digested food present in the stomach,both the intestines contained gases and digested food. Cause of death was shock and haemorrhage as a result of anti mortem injury.

6. Chief Judicial Magistrate, J.P. Nagar summoned the accused and committed their case to the Session’s Court for trial, where it was registered as S.T. No. 463 of 2001, State v. Shabbir and 3 others. Special Session’s Judge, J.P. Nagar charged all the accused for offences under Sections 302/149, 506 I.P.C. on 5.10. 2002 and since, all the accused denied those charges trial procedure commenced to establish their guilt.

7. In it’s attempt to prove the charges, prosecution tendered in all nine prosecution witnesses, out of whom informant Kayamuddin (PW 1), Ehsan Ali (PW 2), Aurangzeb (PW 3), Shaukin (PW 4) and Tahsin (PW 5) were fact witnesses. Rest of formal witnesses included Dr. Sunil Kumar (PW 6), Const. Khursheed Alam (PW 7), Const. Arvind Kumar(PW8), and B.P. Singh I.O. (PW 9).

8. In their statements under Section 313 Cr.P.C all the accused denied depositions of prosecution witnesses to be false and pleaded the defence of false implication.

9. Trial Court found the case of the prosecution proved to hilt as only against appellant Raees and therefore convicted and sentenced