KAMIL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of the judgment dated 28.07.2014 passed by the High Court of Allahabad in Criminal Appeal No.1047 of 1989 in and by which the High Court has dismissed the appeal filed by the appellant thereby affirming his conviction under Section 302 IPC and for other offences and sentence of life imprisonment imposed upon him passed by the trial court.

(2.) Brief facts of the case are that on 03.01.1986 at about 09.00 AM, complainant-Baboo Khan (PW-3) who is the maternal uncle of deceased Akhlaq was informed by his father that his sister's daughter Parveen had gone to fetch water from the tank where accused Rashid (A1) and Adil (A3) had misbehaved with her. However, no further action was taken by them to save their reputation. On the same day, at around 04.00 PM, when complainant/PW-3 along with his nephew deceased Akhlaq and Aadil Hussain (PW-2) were going towards his shop, they saw accused Rashid armed with knife, Nasir (A2) armed with hockey, accused Adil and appellant-Kamil (A4) armed with danda in their hands coming towards them and surrounded PW-1, deceased Akhlaq and PW-3. Thereafter, appellant-Kamil gave a danda blow on the head of PW-2 and when deceased Akhlaq tried to snatch the hockey stick from accused Nasir, appellant-Kamil also gave a danda blow on the head of deceased from behind and when he tried to run away, accused Nasir and Adil caught hold of deceased and thereafter accused Rashid stabbed the knife in the chest of deceased on which deceased fell down on the ground with the knife which was stabbed on his chest. On raising alarm by PW-3, Jamal Uddin (PW-1) along with other people came there for help. Thereafter, all the accused ran away and deceased was taken to the hospital, where he died. Upon completion of investigation, charge sheet was filed against the accused persons.

(3.) Charges were framed against the accused under Sections 302, 302 read with Section 34, 323 and 323 read with Section 34 IPC. To bring home the guilt of the accused, the prosecution examined eight witnesses and exhibited number of documents.