AHMAD SAYEED Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri P. C. Sharma, Advocate, Learned Counsel for appellants and Sri Kamal Krishna, Counsel for the State.

(2.) Each of the above named three appellants stands convicted u / S. 396 of the Indian Penal Code with a sentence of rigorous imprisonment for a period of ten years per judgment and order dated 22-2-79, passed by the then V Additional Sessions Judge, Etah, in Sessions Trial No. 70 of 1978.

(3.) Briefly put, the prosecution story is that Prem Das P.W. 2 son of Bhopal used to run his sweet stall at the bank of Gangas in village Lehara. Near about sun-set, when the Mela was almost over and he was winding up his business, 10-11 persons came to his shop and asked him to surrender whatever he possessed and give sweets, when Prem Das did not accede to the demand and refused to part with his belongings, one of the criminals moved towards him for making an assault. Thereupon, Bhopal, father of Prem Das took up a lathi to attack that miscreant and then one of the miscreants fired a shot, thereby killing Bhopal and all ran away.