JUMMAN Vs. STATE OF U P

JUDGEMENT

(1.) K. Narayan, J. Vlth Additional District Judge, Shahjahanpur by his order in. T. No, 376 of 1978, has acquitted accused Idrish and Smt, Jameelan father and mother, and convicted Jumman appellant of the offence of murder under Section 302, I. P. C. and has sentenced him to imprisonment for life. Aggrieved by his conviction and sentence, he has, come up in appeal.

(2.) WE have heard learned counsel for the appellant and A. G. A. and also gone through the records.

(3.) APART from the above, the prosecution evidence also suffers from certain weakness in the form that PW 1 Naseer Khan and PW 2 Walli Ullah Khan who alone belong to the village, were not independent persons in them selves. There has been some election and animosity between the Triveni Lal, Jumman and Naseer Khan was not away from it. He frankly admitted that Idrish and Triveni Lal as Pradhan were displeased with each other. It will not be much use to enter into the details as the evidence given by them itself, even if plea could not have been there was not sufficient to conculude that the crime was committed by any of the accused. In the result we find ourselves unable to maintain the conviction and sentence recored by the learned Sessions judge and this appeal should succeed