JAMIL Vs. STATE OF U P

JUDGEMENT

(1.) -Three brothers, namely, appellants Jamil, Zaheer, Shakeel and their cousin appellant Qutubuddin have preferred this appeal against judgment and order dated 30.5.1981, passed in Sessions Trial No. 16 of 1980 by the then II Addl. District and Sessions Judge, Budaun. Jamil has been convicted under Sections 302 and 323 read with Section 34, I.P.C. and the remaining three under Sections 302 and 323 both read with Section 34, I.P.C. Each of them has been sentenced to life imprisonment and six months rigorous imprisonment for the two offences respectively.

(2.) SRI Mohammad Islam, learned counsel for the appellants and the learned A.G.A. for the State have been heard and record of the case has been carefully perused.

(3.) THE appellants took up the defence that they had been falsely implicated in the case due to enmity. It was suggested to the informant that informant and his deceased mother had been assaulted inside the house by some thieves during the night.