SALIM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Pankaj Bharti, learned Amicus-Curiae for the appellant, Sri R.K. Singh, learned AGA for the State and perused the record.

(2.) This appeal has been filed against the judgment and order dated 13.1.1983 in S.T. No.180/1980 convicting and sentencing the appellant under Section 302/34 IPC for life imprisonment.

(3.) The prosecution story as has been set-out is that accused Salim and Ilyas are the sons of accused Sharif Ahmad. On 17.5.1980, at about 11 A.M., a marpeet had taken place as between the deceased Shafiq and his brother Rafik Ahmad on the one hand and accused Sharif Ahmad and his brother Akil Ahmad on the other. In respect to the said marpeet, first information reports were lodged the same day by Rafiq Ahmad, the brother of deceased Shafiq Ahmad on the one hand and Jamil Ahmad, brother of accused Sharif Ahmad on the other.