PAYEES ADDHA Vs. STATE OF U P

JUDGEMENT

(1.) U. S. Tripathi, J. The above two ap peals have been preferred against the judg ment and order dated 28-6-1980 passed by 1st Additional Sessions Judge, Rampur in Sessions trial No. 10 of 1980 convicting the appellants of both the appeals under Sec tion 302 read with Section 34 I. P. C. and sentencing each of them to life imprison ment.

(2.) THE prosecution story, briefly staled, was that appellant Rayces Addha is the son of appellant Siddiq, appellants Sardar and Rayces Pitaroo are nephews of said Siddiq and Bhoora deceased was Siddiq's sister's son. One Latif nephew of appellant Siddiq and Inayat husband of niece of Siddiq were living as tenant in the house of Bhoora deceased. Some 20 days before the occurrence of this case quarrel had taken place between wives of Bhoora deceased and Inayat. Inayat and Latif caused injuries to the wife of Bhoora and when Bhoora deceased tried to save her, Inayal inflicted knife injuries and Latif kicks and fists injuries on him (Bhoora ). Bhoora deceased had lodged a report against Latif and Inayat regarding the said occurrence at police station Ganj district Rampur on 24-9-1979 and a criminal case was pending. Inayat was in jail in connec tion with the said case. On account of above incident and lodging of report by Bhoora deceased appellant Siddiq, his family members and relatives were having grudge with him and had also threatened to kill him. THE deceased also moved an application to the City Magistrate, Ram pur regarding threats extended to him by appellant Siddiq and others.

(3.) INCISED wound 2 cm x 0. 5 cm x muscle deep over left ring finger on palmer aspect. 5. The injuries were found dangerous to life caused by sharp object and were fresh in duration.