Point of Law: It is a well-settled law that in a murder case, the non-explanation of the injuries sustained by the accused at about the time of occurrence or in the course of altercation is a very important circumstance from which the court can draw the inferences.

JUDGMENT :

Ramesh Sinha, J.

1. The convict/appellant, Abbul Hasan, was tried by the Sessions Judge, Hardoi in Session Trial No. 514 of 1981 for the offence under Sections 302, 307 and 324 I.P.C. and in Sessions Trial No. 575 of 1981 for the offence under Section 4/25 of the Arms Act.

2. Vide judgment and order dated 07.08.1982 passed in Sessions Trial No. 514 of 1981, the Sessions Judge, Hardoi convicted the convict/appellant under Sections 302, 307, 324 I.P.C. and sentenced him to undergo :-

“(a) Under Section 302 I.P.C. to undergo life imprisonment;

(b) Under Section 307 I.P.C. to undergo five years’ R.I.; and

(c) Under Section 324 I.P.C. to undergo one year’s R.I.”

All the aforesaid sentences were directed to be run concurrently.

3. Vide judgment and order dated 07.08.1982 passed in Sessions Trial No. 575 of 1981, the Sessions Judge, Hardoi convicted the convict/appellant under Section 4/25 of the Arms Act and sentenced him to undergo six months’ R.I.

4. Feeling aggrieved by the aforesaid judgment and order dated 07.08.1982 passed in Sessions Trial No. 514 of 1981, the convict/ appellant has preferred Criminal Appeal No. 622 of 1982, whereas convict/appellant has preferred Criminal Appeal No. 623 of 1982 against the judgment and order dated 07.08.1982 passed in Sessions Trial No. 575 of 1981.

5. The aforesaid two sessions trials i.e. Sessions Trial Nos. 514 of 1981 and 623 of 1982, arose out of the common incident and the facts and law involved in the above-captioned criminal appeals are identical, hence with the consent of the learned Counsel for the parties, the above-captioned criminal appeals are being decided by a common order.

A. FACTS

6. Shorn off, unnecessary details the facts of the case are as under :

Om Prakash (deceased), Abbul Hasan (convict/appellant), Mahesh and Ram Singh (injured) are the residents of Mohalla Salamullahganj, Qasba Sandi, District Hardoi.

As per the prosecution, convict/appellant-Abbul Hasan son of Sallu was having an evil eye on Kamla (P.W.3), who is the sister of Om Prakash (deceased) and daughter of informant-Gomti (P.W.2). On 05.04.1981, in the noon, a spat and ribaldry took place between Om Prakash (deceased) and convict/ appellant Abbul Hasan and thereafter convict/appellant Abbul Hasan, after giving threatening to Om Prakash (deceased) to look after him, went from there. On the same date i.e. on 05.04.1981, at about 07:00 p.m., son of the informant-Gomti (P.W.2), namely, Om Prakash (deceased), Mahesh Ahir (P.W.4) and Ram Singh Loniya were returning from the market to their house. The informant-Gomti (P.W.2) was also coming behind them from her field. When Om Prakash (deceased), Mahesh Ahir and Ram Singh Loniya came near the house of Dr. Ram Bilash where electric bulb was burning, all of a sudden convict/appellant Abbul Hasan armed with knife came in front of him (deceased Om Prakash) and after challenging her son (deceased Om Prakash), assaulted him with the knife, as a consequence of which, her son, Om Prakash (deceased), raised alarm, thereupon she (informant) had also raised alarm. When Mahesh (P.W.4) and Ram Singh, who were accompanied with Om Prakash, tried to save Om Prakash (deceased) and also raised alarm, convict/appellant Abbul Hasan had also assaulted them with the knife. Thereafter, on listening hue and cry, Jauhari, son of Nav Shanker and other persons came there and challenged the convict/appellant AbbulHasan, thereupon, convict/appellant, after brandishing the knife, ran from there. The son of the informant-Gomti (P.W.2) succumbed to injuries on the spot and Mahesh (P.W.4) and Ram Singh got injured.

7. The FIR of the aforesaid incident was lodged by the informant Gomti (P.W.2) at about 07.15 p.m. on the date of the incident on 05.04.1981 at Police Station Sandi, District Hardoi.

8. The evidence of P.W.10 Chabinath Singh shows that on 05.04.1981, he was posted as Head Moharrir at police station Sandi, District Hardoi and on that date, at about 07.25 p.m., informant Gomti (P.W.2) came at