Kyamuddin vs State on 29 March, 2016

2. On receipt of DD No.31A, Ex.PA ASI Rajbir Singh PW-15 reached
the GTB hospital. MLC of Naushad was collected which showed sharp
incised wound and an abrasion and his statement was recorded on the basis
of which FIR was registered. Naushad stated that he was working at shop
No.106, Murga Market, Sunder Nagri for the last 20-25 days with
Kyamuddin. On March 06, 1999 at around 5.30 PM Pappu s/o uncle of
Kyamuddin had come to the shop and asked about Kyamuddin. After about

CRL.A. 602/2000 Page 1 of 10
15-20 minutes Kyamuddin, Pappu and two other boys namely Iqbal and
Saleem came to the shop and Kyamuddin took out the money. All four of
them went to eat food and came back around 9.30 PM. Thereafter Saleem
and Iqbal left the place. Leaving Pappu and Kyamuddin behind at the shop
Naushad went to Rahis Kabab Hotel to take his dinner. When he came back
after one hour and opened the shutter, Kyamuddin and Pappu were putting
cloth on the floor and were preparing to sleep. Naushad also lied down in
one corner. In the night he suddenly woke up and found Kyamuddin and
Pappu doused in blood. Kyamuddin was having a knife used for cutting
chicken and Pappu’s shoulder had been cut badly. Pappu had caught hold of
Kyamuddin’s hand which was having the knife and in their fight he received
injury on his left hand. He ran towards Murga Market, shop No.118 to call
Sultan who was from his own village. After some time when he and Sultan
came back, they found body of Pappu in the gali outside shop No.104 and he
had died with his throat slit. Sultan took Naushad to GTB hospital.
Statement of Sultan was also recorded who supported the version of
Naushad. Statement of Naushad was also recorded under Section 164

Source: Indian Kanoon

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