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1978 Supreme(All) 590

M.M.HUSAIN, S.C.MATHUR
Jamal Ahmad – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

S. C. Mathur, J.

1. THE present four appellants, viz., Jamal Ahmad, Sajjad Ahmad, Aziz Ahmad alias Lallu and Javed Ahmad Khan were tried along with Quresh Ahmad Khan,Razi Ahmad Khan and Babu Khan for the murder of Fakhrul Hasan alias Fakku son of Sri Izhar Alam alias Munna Miyan. The murder of Fakhrul Hasan alias Fakku was said to have been committed on 14-3-1976 at 3.30 PM. The father of Fakhrul Hasan, who lodged the first information report was alleged to have received the information of murder at about 5 PM at his Chakki and thereafter he was alleged to have lodged the first information report on that very day at 5.45 PM. The distance between the place of occurrence and PS Manikpur where the report was lodged was five miles. The report was alleged to have been scribed by Shah Parvez, the nephew of the informant. The informant claimed to have gone to the Police Station himself along with his nephew Israr Husain.

2. THE occurrence had taken place in village Oonchgaon which is also known as Mubarakpur within the circle of PS Manikpur, District Pratapgarh. The post-mortem on the body of the deceased was done by Dr. R. N. Katiyar (PW 9) on 15-3-1976 at 11.30 AM. The prosecuti




















































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