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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.

21. From other side, the defence had examined two witnesses, namely, D.W.1-Dr. S.C. Rizvi, who had medically examined the convict/appellant at District Jail, Hardoi and D.W.2-Sripal, who was the x-ray technician at Sadar Hospital, Hardoi and had performed x-ray of the convict/appellant under the supervision of Dr. A.N. Singh.

22. P.W.2 Gomti, who is the informant and mother of the deceased Om Prakash, in her examination-in-chief, has deposed that accused Abbul Hasan was having evil eye on her daughter Kamla and in this regard, on the day when her son Om Prakash was murdered, altercation took place between her son and accused Abbul Hasan in the afternoon and accused Abbul Hasan had threatened her son Om Prakash to see him. This fact has been informed by her son Om Prakash to her on the same day in the afternoon. She further deposed that prior to one day before the date of incident, her daughter Kamla had informed her about accused Abbul Hasan having evil eye on her and at that time, her son Om Prakash was also present in the house when her daughter informed the aforesaid fact to her.

24. P.W.2-Gomti, in her examination-in-chief, has further deposed that she had no complaint regarding the closed sieve of Kamla. Accused AbbulHasan used to look at her daughter with evil eye since a month ago. The accused Abbul Hasan never molested her daughter in front of her nor in front of her son Om Prakash. When her daughter complained about accused Abbul Hasan to her, then, she told this to Om Prakash as well. Both, she and Om Prakash, felt bad on listening the aforesaid. Om Prakash got very angry, however, he did not say to her that he would see AbbulHasan when he meet him next. She further stated that no report was made against accused Abbul Hasan in the police station after her daughter told that accused Abbul Hasan molested her. Her son Om Prakash did not go in search of accused Abbul Hasan on the day when her daughter complained. On the second day i.e. on the day of the incident, her son Om Prakash came and told her that a quarrel with accused Abbul Hasan took place. Her son Om Prakash did not say that he had gone in search of Abbul Hasan. Her son Om Prakash told her that quarrel took place with accused Abbul Hasan at the flour mill of Juber. She further stated that she and her son Om Prakash did not make complain about the act of the accused Abbul Hasan to his mother or father nor her son Omprakash write any report at the police station. She denied the suggestion that accused Abbul Hasan never had an evil eye on her daughter nor Om Prakash have a fight with the accused Abbul Hasan. She further deposed that she has no agricultural land. Her son Om Prakash was a servant in the confectioner Kishanlal. Keshanlal's shop is in Nawabganj. Her son Om Prakash used to stay at the shop from morning till noon and then he used to go after having food and returned by 8-3 pm. On the day of the market, the confectionery shops were closed at 10 o'clock in the night. On the day of the incident, her son Om Prakash had come to eat food when he complained. She further deposed that on the day of the incident, her son Om Prakash worked in the shop both in the morning and in the evening. She deposed that she did not know the cousin of the accused, Chirag Ali, however, she knew the father of the accused. The house of the accused is at 30-40 steps south from the place of the incident.