RAYEES ADDA Vs. STATE OF U P

JUDGEMENT

(1.) The above two appeals have been preferred against the judgment 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 Section 302 read with Section 34 I.P.C. and sentencing each of them to life imprisonment.

(2.) The prosecution story, briefly stated, was that appellant Rayees Addha is the son of appellant Siddiq, appellants Sardar and Rayees 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 Bhoura 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, Inayat 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 connection 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, Rampur regarding threats extended to him by appellant Siddiq and others.

(3.) On 13-10-1979 Bhoora deceased and his real brother Nanha (P.W. 1) were repairing their house. In the after noon at about 2-2-15 P.M. Bhoora deceased and Nanha (P.W. 1) were going to Bazaira Khansama in-crossing in Rampur city to take tea at a tea stall. When they reached near said in-crossing appellant Sardar, Siddiq. Rayees Pitaroo and Rayees Addha met them. Observing them the appellants told that Bhoora posed himself a great litigant. Appellant Sardar told that he had sent his brother Latif to jail and he should be finished. In the meantime Jalil Ahmad (P.W. 2) Anwar (P.W. 4), Gulam Rasool (P.W. 5) and others also came there. Bhoora deceased ran towards east, towards Munshi Ji ka mdsque. The appellants caused him and surrounded him at a distance of about 35 paces in front of gate of Munshi Maszid. Nanha (P.W. 1) and other witnesses also followed the appellants. After surrounding Bhoora deceased, appellant Siddiq caused Sariya (iron rod) injuries, Rayees Pitaioo Lathi injuries and Sardar and Rayees Addha knives injuries. Bhoora deceased fell down and the appellants again caused injuries on his falling down. On the intervention of the witnesses the appellants ran away towards north leaving one blood stained Sariya, one blood stained Lathi, one blood stained knife and one shoe on the spot.