RAIS UDDIN Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal filed by Rais Uddin against the judgment of the I additional Sessions Judge, Agra in Sessions Trial No. 35 of 1978, dated 7.4.1979. The order co-accused Wahab Uddin and Shamim Uddin have filed their separate appeal which has been numbered as Criminal Appeal No. 1261 of 1979. We propose to decide both the appeals by a common judgment.

(2.) The learned I Additional Sessions Judge convicted Rais Uddin under section 302, I.P.C; and sentenced him to undergo Rigorous Imprisonment for life. He was, however, given benefit of doubt under section 323/34, I.P.C. Accused - appellants Wahab Uddin and Shamim, Uddin have been convicted by the I Additional Sessions Judge, Agra under section 325/34. I.P.C. instead under section 302/34, I.P.C. and sentenced to undergo Rigorous Imprisonment for a period of five years each. They were, however, given benefit of doubt under section 323/34, I.P.C.

(3.) Appellants Rais Uddin stood charged under section 302, I.P.C. for having committed the murder by intentionally causing death of Ajmeri on 21.4.1977 at about 5.30 p.m. in Mohalla Wazirpura, Police station Hariparbat, district Agra. As the present murder was said to have been caused in furtherance of common intention the accused Wahab Uddin and Shamim Uddin they were charged under section 302/34, I.P.C. Accused-appellant Wahap Uddin was further charged under section 323/34, I.P.C. for having voluntarily caused hurt to Shamshuddin on the said date, time and place. As this hurt was also said to have been caused in furtherance of the common intention the accused Rais Uddin and Shamim Uddin, so they were further charged under section 323/34, I.P.C.