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HIGH COURT OF ALLAHABAD
G.D.Dube, V.P.Goel
SYED EJAZ ALI
Versus
STATE OF U P
Decided On : 06 January 1993
Criminal Appeal No. 2568 of 1978
CRIMINAL LAW - SECTION 302 IPC - MURDER - CONVICTION - EVIDENCE - APPRECIATION - DEFENSE VERSION - UNRELIABLE - PROSECUTION STORY - BELIEVABLE - CONVICTION UPHELD.
Fact of the Case:
The appellant, a police constable, was convicted of murder for shooting and killing Jagdish. The appellant claimed that he fired in self-defense after Jagdish and his companions attacked him and his fellow constable, Mukhtar Ahmad, with deadly weapons. However, the prosecution witnesses testified that the appellant and Mukhtar Ahmad entered Jagdish's house without permission and that Jagdish was scolding them when the appellant fired.
Finding of the Court:
The court found that the prosecution story was more believable than the defense story. The court noted that the appellant and Mukhtar Ahmad had no injuries, even though they claimed to have been attacked with deadly weapons. The court also noted that the appellant could not produce any evidence to support his claim that he had been ordered to go to Jagdish's house to inform him to bring witnesses.
Issues: 1. Whether the prosecution story or the defense story was true. 2. Whether the appellant was guilty of murder.
Ratio Decidendi: The court held that the prosecution story was more believable than the defense story. The court noted that the appellant and Mukhtar Ahmad had no injuries, even though they claimed to have been attacked with deadly weapons. The court also noted that the appellant could not produce any evidence to support his claim that he had been ordered to go to Jagdish's house to inform him to bring witnesses. The court further held that the appellant was guilty of murder because he had fired towards the deceased from a close range and the injury was sufficient to cause death.
Final Decision: The court dismissed the appeal and upheld the appellant's conviction for murder.
This appeal has been preferred against the judgment and order of Second Additional Sessions Judge (Non-Metropolitan Area), Kanpur. The learned Sessions Judge has held the appellant guilty of the offence under Section 302, IPC and sentenced him to imprisonment for life.
2. The appellant was police constable on date of occurrence. One (PW 1) lodged a report on 21-3-1972 at 10. 00 p. m. at police station, Mangalpur, district Kanpur. He alleged that, at about sun-set on that day, he was coming from his field situate in village Juria, Police Station Mangalpur, district Kanpur. When he reached near the house of M-sri Lal, he heard alarm raised by the sister of Jagdish. He. inderjit and Baksulla rushed towards the house of Jagdish. At that place, Ganga Prasad was also present. He saw that two constables were coming out of the house of Jagdish. An exchange of words took place between Jagdish and Constables. Jagdish was scolding the constables as to why they entered in his house without his permission. During this ex change of words, one constable fired towards Jagdish, Thereafter, Jagdish fell down. Both the Constables ran towards Jhinjhak. It was alleged that the shot was fired by the Constable having fair complexion. Jagdish was brought to Jhinjhak Hospital for treatment. The doctor was not present. The Compounder gave an injection, but Jagdish died in the Hospital.
3. A cross-report was lodged by Mukhtar Ahmad a co-accused. This Mukhtar Ahmad was also tried along with the appellant. The learned Sessions Judge gave benefit of doubt of this Mukhtar. In the report lodged by Mukhtar Ahmad at 8. 30 p. m. on the same day in the same police station, it was alleged that he and the appellant along with Government muskets had gone for night patrol. In connection with the application of Jagdish, an information was to be conveyed to him that he was to produce witnesses. Hence both the Constables reached the culvert of village Juriya. Bale Singh, Kariya Jhala. Maqsood, Afzal Ahmad and two another persons were present at the culvert. On an enquiry about Jagdish, they informed that he (Jagdish) was a habitual Gunda. The villagers are afraid of him. However, they said that they would show them the house of Jagdish. When both the Constables reached the house of Jagdish Yadav; they found that on the Chabutra in front of house of Jagdish Yadav, Inderjit, Sadhu, Bhaksulla, Jagdish and Ganga Prasad were smoking Ganja and Charas, on the arrival of the two Constables, they tried to run away. The Constables told them that they had come to inform Jagdish about his paper and they should not run away. Thereupon, these persons said that these Constables have come to arrest
them and they should be beaten. Conse quently the persons present on the Chabutra started assaulting the Constables with Kalahari, Pahoa and Danda. The sister of Jagdish pelted stones on the Constables. The Constables asked these assailants not to attack them and were retreading back. The assailants caught hold of Mukhtar Ahmad and pulled him down. The assailants had exhorted that the gun of Mukhtar Ahmad should be snatched and he will automatically go to Jail, When the assailants tried to snatch away the gun, the appellant cautioned them that they should not snatch the gun otherwise he will fire. Jagdish was about to run away after taking the gun from the shoulder of Mukhtar Ahmad, the appel lants gun accidently fired. Jagdish received injuries and fell down along with the Government musket. The other witnesses ran away. Mukhtar Ahmad picked up his musket, and, in order to avoid the aggrevating temper of the villagers, he and appellant ran away from the place of occurrence and there after lodged a report at the police station.
4. Shital Singh (PW 12) was posted as Station Officer of Police Station, Mangalpur on the date of occurrence. He started investigation. He contacted the Head Quarters. On 22nd March, 1972, the Circle Officer and the S. D. M. concerned arrived and condu
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