MAHMOOD Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal by special leave preferred by the appellants Mahmood and Khaliq. The appellant Mahmood has been convicted for the offence punishable under Section 302 read with Section 149 of IPC and sentenced to imprisonment for life. He has been also convicted under Section 148 of IPC and sentenced to undergo rigorous imprisonment for 1= year. The second appellant has been convicted for the offence punishable under Section 302 read with Section 149 and sentenced to undergo life imprisonment. He has been further convicted under Section 147 of IPC and sentenced to undergo one year rigorous imprisonment and further convicted under Section 379 of IPC and sentenced to undergo rigorous imprisonment for a period of two years.

(2.) Put briefly the prosecution case is as follows :

(3.) The accused have denied the charges framed against them and took the plea that they have been falsely implicated due to enmity. The accused were accordingly put on trial. The prosecution in order to establish its case in altogether examined 8 witnesses and got marked 39 documents as Exts. Ka.1-39. Amongst the witnesses examined by the prosecution, Jaikirath Singh, Ram Ratan and Ram Adhar (P.Ws. 1,2 and 3) respectively were eye-witnesses to the murderous attack on the deceased. The accused also led evidence and examined Virendra Singh DW 1, Laxmi Narain Sinha DW 2 and Bindra Charan DW 3.