MOHAMMAD ILYAS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Ilyas aged 16 years, has preferred this appeal by special leave against the judgment of the High Court of Allahabad whereby his conviction and sentence of life imprisonment under Section 302/34, Penal Code was maintained.

(2.) The facts are these:-

(3.) The alarm which she had raised earlier, had attracted the villagers viz., Gyan Singh (P.W.1), Ved Singh (P.W.9) and Mangat Singh (P.W.5) and others to the house. These persons saw the appellant and his companions Mahabir, Ranpal, Ram Swarup and Jai Prakash was strangulating Nathu with a safa; Ranpal accused was procuring his thumb impression on a sheet of paper. Ilyas appellant was holding Nathu's hand and helping Ranpal. Mahabir and Ram Swarup accused were holding the feet of Nathu. The witnesses challenged the miscreants. Satya Prakash, who was armed with a gun, scared them away. Ranpal, Satya Prakash, Jai Prakash and Ram Swarup succeeded in running away Mahabir and Ilyas were however, caught by Gyan Singh and the other prosecution witnesses. The witnesses then saw that Nathu was dead. The left thumb of the deceased was found smeared with ink.