MAHMOOD AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been filed by Mahmood, Nabban Khan and Shabban Khan against their conviction under Sec. 302, I.P.C. (Mahmood) and under Sec. 302/34, I.P.C. (Nabban Khan and Shabhan Khari) and sentence of imprisonment for life to each of them as passed by IV Addl. Sessions Judge, Moradabad on 6.5.78 in Sessions Trial No. 391 of 1977.

(2.) The charge against the appellant Mahmood was that he committed murder by intentionally causing death of Zahoor in village Masevi Rasoolpur within the limits of police station Mainather, district Moradabad on 2.10.76 at about 9.00 a.m. and thus committed the offence punishable under Sec. 302, I.P.C. and the charge against the appellants Nabban Khan and Shabban Khan was that they had shared the common intention of appellant Mahmood and, therefore, they had committed the offence punishable under Sections 302/34, I.P.C. Aggrieved by the aforesaid conviction they have preferred this appeal.

(3.) Learned counsel for the appellant Chaudhary Brahma Singh and learned A.G.A. for the State Sri S.N. Singh have been heard at length in this case and the entire record has been examined. It may be remembered that along with appellants another accused Munawwar Khan was also charged under Sec. 302/34, I.P.C. but he has beers acquitted by the learned trial Judge extending to him the benefit of doubt.