TAKAN Vs. STATE

JUDGEMENT

(1.) By means of the Instant appeal the conviction order recorded on 21st May, 1980 by the Court of the VIIth Additional Sessions Judge Shahjahanpur in Sessions Trial No. 113 of 1979 has been challenged by the accused persons namely Takan and Raghubir (father and the son). Both of them have been awarded life, imprisonment for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.

(2.) During the pendency of the instant appeal the accused Takan has died with the result, his appeal was ordered to be abated. Thus, we are concerned in the instant appeal with the accused Rabhubir only.

(3.) Smt. Vidyawati wife of Beni Ram is alleged to have been murdered by the accused in furtherance of their common intention on 16th April, 1978 at about 6.00 or 6.30 a.m. in village Bari, Police Station Kanth, District Shahjahanpur, by causing fire-arm injuries to her.