NASEEM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The two appellants are brothers. Both of them have been convicted under Section 302 read with Section 34 of the Indian penal Code by the trial court and sentenced to imprisonment for life. The conviction and sentence in appeal were confirmed by the High Court.

(2.) Prosecution case is that both of them went to the field where deceased was sleeping. His brother was also sleeping next to him.

(3.) During the early hours of 1.6.1978 (at about 4 a. m. ) both the accused reached near the deceased, armed with Gandasa and Banka (both are sharp cutting weapons). PW-1, brother of the deceased woke up and flashed the torch light and found the two appellants with the deadly weapons. After raising a cry of alarm, PW- 1, escaped from scene. Thereafter, the appellants inflicted two fatal injuries on the deceased. Hearing the cry of PW-1, two other neighbours reached the spot, they are PW-2 and PW-3. The evidence of PWs-1, 2 and 3 was believed by the trial court and the High Court. Learned counsel for the appellants contended that there would not have been sufficient light for the witnesses to identify the assailants. The night was described to be a moon-lit night. That apart PW-1, brother of the deceased flashed the torch light and saw the assailants. Even otherwise, if the assailants had sufficient light to identify their victim so much light was good enough for the witnesses to identify the assailants also.