KASIM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 5-12-1978 delivered by Sessions Judge, Moradabed in S.T. No. 369 of 1978 convicting the accused appellant of the offence under section 302, I.P.C. and sentencing him to imprisonment for life. By the some judgment and order another accused Mohamed Akhleem was acquitted of the charges under sections 302/34, I.P.C.

(2.) We have gone through the record of the case and also heard the learned counsel for the appellant and the State.

(3.) The prosecution story as set up in the First Information Report Ex. Ka-1 was that the deceased Habib Husan was the brother of the informant Amir Husan. On the day of incident, that is, 16-2-1978, Habib Husan had gone to get bandage at about 4 P.M. to a local doctor. A little later Dilshad came with the bicycle of the deceased Habib Husan and still after some time Kasim accused appellant came with his bicycle, with Habib Husan sitting on the carrier. Amir Husan asked them as to where they were going and was told that they were to come back very soon and went away towards Rasulpur. Amir Husan at that time was collecting Barsim from a field near his grove where Jalik and Som Pal had also come. At about 5.45 P.M. Kasim with Habib Husan came on a bicycle from towards Rasulpur. Just behind them, on another bicycle was Mohd. Akhleem when they all reached near the field of Govind, Kasim stopped the bicycle and both of them got down. Mohd. Akhleem also got down and put his bicycle on the stand. Thereafter Mohd. Akhleem, and Kasim grappled with Habib Husan, Jal in hand Som Pal rushed towards them to intervene but in the mean time when they were still some 8 to 10 steps away, Akhleem held Habib Husan and Kasim gave knife blows making Habib Husan fall then and there. The two accused took bicycle and escaped. However, Mohd. Jan and Ali Mohd. who had also arrived at the spot chased and they caught hold of Kasim near the railway line. Kasim was taken to the police station when the report was lodged.