ABDUL HAFIJ KHAN Vs. STATE OF U P

JUDGEMENT

(1.) The appellants Abdul Hafij Khan. Smt. Shakila Bano. Smt. Sahrunnisa and Siraj Khan have preferred this appeal against the judgment and order dated 18/4/1981 passed by Sri. N.S. Gahlaut, the then VIIth Additional Sessions Judge. Allahabad in S.T. No. 257 of 1980. convicting the appellants under Section 302 read with Section 34 I.P.C. and Section 307 read with 34 I.P.C. and sentencing them to undergo imprisonment for life under Section 302 read with Section 34 I.P.C. and RI. for a period of three years under Section 307 read with Section 34 I.P.C. Both the sentences were ordered to run concurrently.

(2.) The prosecution story, briefly stated. was as under: Appellant Abdul Hafij Khan was an Amin in Irrigation Department and was residing in Canal Colony situated at Kasba Koraon. P.S. Koraon, district Allahabad. Smt. Saharunisa appellant was wife of appellant Abdul Hafij Khan and was also residing with him. Smt. Shakila Bano appellant was the daughter and Siraj Khan appellant was son-in-law of Abdul Hafij Khan. Smt. Shakila Bano and Siraj Khan had also came to the quarter of Abdul Hafij Khan appellant and were residing there. Appellants Abdul Hafij Khan and Smt. Saharunisa had three sons namely Shams ad Ali Khan, deceased aged about 7 years. Naushad Ali Khan deceased, aged about 4 years and Saukat Ali Khan aged about 3 years.

(3.) Ram Hujur Yadav (P.W. 3) was Clerk in Irrigation Department and was also riding in said colony. Shyam Mohan Airan (P.W. 1) Assistant Engineer/S.D.O. was also residing in said colony.