BHOORA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 12-8-1980 passed by the then learned IVth Additional Sessions Judge, Meerut in Sessions Trial No. 352 of 1978 convicting the appellant under Section 307, I.P.C. and sentencing him to undergo R.I. for a period of three years.

(2.) The prosecution story, briefly stated,was that Nasruddin (P.W.3) had his hotel named Aziz Hotel near Hapur Bus St- and in Meerut City. His brother Alimuddin (P.W.2) was running a betel shop in front portion of the said hotel and was also helping Nasruddin (P.W.3) in the affairs of the hotel. Rafiq Ahmad (P.W.4) used to sell ice near said hotel. The appellant Bhoora often took meals at the said hotel.

(3.) On the mid night of 30-7-1978/1-7-1978 appellant Bhoora along with his associate Mattu came to the said hotel and took meals. After taking meals, they started going. On it Nasruddin (P.W.3) and his servant demanded charges of the meals. The appellant Bhoora became annoyed and asked his associate Mattu to teach him a lesson. On it Mattu caught hold Nasruddin (P.W.3) from behind and appellant Bhoora inflicted knife blows on his abdomen and hand. Alimuddin (P.W.2), Rafiq (P.W.4) and other witnesses rushed to the spot. Observing them, the appellant ran away along with his associate.