NANKU Vs. STATE

JUDGEMENT

(1.) THIS is an anneal directed against an order dated 31st August, 1968 passed by the learned Sessions Judge Banda convicting Nanku (appellant) under Section 302, I. P. C. for having caused the death of Ramzani and also under Section 323 I. P. C. for having caused simple hurt to Munna P. W. 1) and Kareem Bux (P. W. 9) and sentencing the appellant to imprisonment for life for the offence of murder and to nine months' rigorous imprisonment for causing simple hurt. Both the sentences were ordered to run concurrently.

(2.) ONE more person namely Jamiluddin a brother of Nanku was also tried along with Nanku. He was however, convicted only under Section 352. I. P. C. and sentencing to undergo imprisonment till the rising of the court. No appeal has been filed by Jamiluddin.

(3.) RAMZANI who lost his life was a resident of village Bhagauta-Ka Purza within police circle Atarra, district Banda. Nanku (appellant) was his close neighbor. The house in which Nanku lived had originally belonged to Khelawan who had left the village after having entrusted his house to the care of Ramzani his neighbour. Ramzani had let out the house to Nanku and his brother on a monthly rent of Rs. 7/ -. The two brothers had, however, failed to pay any rent to Ramzani and for that reason he often made a demand of the rent from them. Two days prior to the occurrence Khela wan had come to the village and had told Ramzani that the house had been let out to Nanku and his brother at his (Ramzani's) responsibility.