SAKHAWAT Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) FACTUAL BACKGROUND : This appeal has been filed against the judgment dtd. 9/10/2018 of the High Court of Allahabad. The impugned judgment upheld the conviction of the appellant nos. 1 and 2 for the offences punishable under Sec. 302 and Sec. 307 read with Sec. 34 of the Indian Penal Code, 1860 (for short, 'the IPC'). Both of them were sentenced to suffer life imprisonment.

(2.) First Information Report (for short, 'the FIR') dtd. 5/5/1981 was registered against the accused no. 1 (Abrar), appellant no. 1/accused no. 2 (Sakhawat) and appellant no. 2/accused no. 3 (Mehndi) for the aforementioned offences. The case of the prosecution is that PW-4 (Amir Hussain) was sleeping under a Babool tree, and the deceased (Sukha) was sleeping in his hut. On the intervening night of 4th/5/5/1981, PW-4 (Amir Hussain) woke up at 2 a.m. to the sound of a firearm being shot. PW-5 (Allah Baksh) and PW-6 (Mohd. Hanif) also arrived at the scene where they heard a voice from the hut of the deceased (Sukha) and a firearm shot. They saw appellant no. 1 armed with a country-made pistol, appellant no. 2 armed with a knife, and accused no. 1 armed with a danda. The accused allegedly had a scuffle with the deceased and PW-7 (Nanhi), who were allegedly in an illicit relationship. Appellant no. 2 inflicted an injury to the neck of PW-7 using his knife. The accused fled and the deceased was found trembling on account of injuries near his hut, and eventually succumbed to the injuries.

(3.) On 16/10/1982, the Trial Court convicted appellant no. 1 and appellant no. 2 for the offences alleged against them, and a sentence of life imprisonment was imposed. The Trial Court acquitted the accused no. 1 as he had only held a danda and no injury marks were found on the deceased or PW-7 that were made using a danda.