SHAMSHU Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Ojha, J. Both these appeals have been preferred against the judgment and order passed by learned V Additional Sessions Judge, Agra, in Sessions Trial No. 584 of 1979, Salimuddin and two others v. State of U. P. , by which each of the appellants has been convicted and sentenced to undergo life imprisonment under Section 302 I. P. C. read with 34 I. P. C. and five years R. I. under Section 392 I. P. C. Each of them has been further fined with Rs. 1,000/- under Section 392 I. P. C. and in case of default in payment of fine is further sentenced to undergo R. I. for a period of one year. Both the sentences are directed to run concurrently.

(2.) THE accused Shamshu and Sabir Hussain are in jail and accused Salimuddin alias Jugnu is absconding, in respect of which coercive process for his arrest and process under Sections 82 and 83 of Cr. P. C. was issued but attendance of Salimuddin could not be procured.

(3.) REPORT of the occurrence was lodged by Rafiuddin, the father of the deceased Akhtar Hssain, under Sections 394, 307 I. P. C. on 9-2-1979 at 10. 30 p. m. at police station Firozabad North, which is at the distance of six furlong from the scene of occurrence.