ISRAR Vs. STATE OF U P

JUDGEMENT

(1.) -This appeal has been directed against the judgment and order dated 22.1.1981 passed by 5th Additional Sessions Judge, Muzaffarnagar in Sessions Trial No. 161 of 1980 convicting appellants Afzal alias Patel and Israr under Section 302 read with 34, I.P.C. and sentencing each of them to undergo imprisonment for life.

(2.) THE prosecution story briefly stated was as under : Zamil Ahmad deceased had his grocery shop in mohalla Gali Darjiyan, Police Station, Kotwali, Muzaffarnagar city. Appellant Afzal had forcibly demanded money from Kalloo younger brother of Zamil Ahmad deceased, Kalloo had told this fact to Zamil Ahmad deceased and when he complained to appellant Afzal he threatened to kill him.

(3.) THE investigation of the case was taken by Sri Fateh Singh, Investigating Officer (P.W. 8). He interrogated Constable Rajendra Singh (P.W. 7) and arrested the appellants. On receipt of injury report the case was altered under Section 307, I.P.C. on 6.10.1979.