KALBE ALI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) J .C.S. Rawat This is a criminal appeal under Section 374 of the Code of Criminal Procedure (for short 'Code') against the judgment and order dated 29.9.1984 passed by the Sessions Judge, Nainital in S.T. No. 207/1982 convicting the appellant no. 1 -Kalbe Ali under Section 302 IPC and appellant no. 2 - Anwar Hussain under Section 302/34 IPC and sentenced them to undergo life imprisonment.

(2.) THE brief facts giving rise to the present appeal are that Ashfaq Hussain -deceased was the younger brother of Mohd. Ishaq (PW -1) and Smt. Sharifan (CW -1) was the wife of the deceased. Shafi Ahmed (PW -2) was the HINDI TYPING Sharifan was married to one Abdul Rehman. After her divorce from first husband Abdul Rehman, the marriage between Ashfaq Hussain and Smt. Sharifan had taken place about a year before the indent. After marriage, they were living together in village Maseet. The appellants -accused were also living in the same village and they were related to each other. Smt. Sarifan's father had left about 20 acres of land at the time of his death. Ashfaq Hussain was cultivating the same land after his marriage with Smt. Sharifan.

(3.) APPELLANT -Kalbe Ali had told Smt. Sharifan to marry with him otherwise Ashfaq Hussain would sell away the entire property. She got annoyed with Kalbe Ali and complained to Ashfaq Hussain. The appellant -Kalbe Ali also asked Ashfaq Hussain to pay half of the price which was obtained by him selling the land.