SARDAR HUSSAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by Special leave is from a Judgment of the Allahabad High Court dated 10 May 1978 dismissing Criminal Appeal No. 213 of 1973.

(2.) The appellants were convicted and sentenced under Sections 302, 364 and 210 IPC by the trial Judge. On appeal, the High Court maintained the said conviction and sentence of appellant No. (1), but reduced the same of appellant No. (2) to one under Section 201.

(3.) The prosecution case in brief is as follows: Islam the deceased is the younger brother of Shabbir (PW. 1). They were not living together. The former used to live with his mother. Islam had his own share of lands measuring 16 Bighas. He was separately cultivating the same. The appellants were once his close associates. They were of bad character. So mother and brother advised Islam to part company with them. So Islam did and went on minding his own work. He was unmarried. The appellants had an evil eye on the property of Islam. They got executed a fraudulent sale deed (Ex.Ka.12). The deed was dated 15 February 1971. One Ahsan who has been examined as PW 12 has impersonated Islam before the Sub-Registrar. The deed purports to transfer the agricultural land of Islam in favour of the wife of appellant No. (1). It is said that the appellants in order to eliminate the possibility of this fraud being detected, murdered Islam.