KALLOO @ SAHADAT Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal by the two appellants, Kalloo @Sahadat, A-1 and Sadiq Ali, A-2, who are real sibling brothers, are to their convictions and sentences recorded in the impugned judgment dated 27.8.80, by Session's Judge, District Rampur, in S.T.No. 264 of 1978, State versus Kalloo @ Sahadat and another, relating to P.S. Patwai District Rampur. Learned trial court has convicted A-1 u/s 302 and 323/34 I.P.C. and A-2, u/s 302/34 and 323/34 I.P.C. and has sentenced both of them to life imprisonment for the charge of deceased's murder and 6months R.I. for causing simple hurt to the informant.

(2.) Unfolded background facts giving rise to this appeal, as are discernible from the written FIR, Ext. ka1, chik FIR, Ext. Ka 4, and statements of fact witnesses during the Session's Trial, were that Informant Sabir, PW-1, was the brother-in-law of deceased Shahid, as his sister Anwari, PW-5, was the wife / widow of the deceased. Both the appellants, real sibling brothers, are co villagers and next door neighbours having a common boundary wall with the house of the informant and the deceased in village Bhandpura, P.S. Patwai District Rampur. Rs.85/- were advanced by the deceased to A-1, who was not paying it back inspite of repeated demands. A day before the present incident, in the presence of one Nafis Khan, PW7, A-1 had even refused to pay back the advanced money, as he had no money and had told the informant that he was free to take action against him and realise it if he can.

(3.) Following day, on 6.12.77 at 11 a.m., deceased again demanded his money back from A-1, in front of his house, which rankled A-1, who returned to his house to reappear at the incident scene wielding a cutlas/dagger. A-2 had accompanied him with a lathi.A-1 accosted that the deceased had affronted him before many people many a times and both, A-1 & A-2, started assaulting the deceased with dagger and lathi. When Shahid Khan raised rescue shrieks, then the informant P.W. 1 armed with a lathi reached at the spot to save him and asked the accused to spare the deceased but A-2 assaulted P.W. 1 with lathi, causing him injuries. Rais Khan, Sharafat Khan, Kaisar ali Khan, Riyasat Ali Khan, all co villagers, arrived at the assault scene, and because of their intervention injured were saved. Shahid, injured had lost his life at the spot.