MAJID Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Mohd. Naushad Siddiqui, learned counsel for the appellant and Sri G.N. Kanaujia, learned A.G.A.-1 for the state-respondent.

(2.) Present criminal appeal has been filed against the judgement and order dtd. 28/5/1997 passed by Fourth Additional District and Sessions Judge, Kanpur Dehat in Sessions Trial No.284 of 1988 convicting and sentencing the appellant to imprisonment for life with fine of Rupees five thousand under Sec. 302 I.P.C.

(3.) The prosecution case is that on 4/12/1987 at about 9.10. p.m informant, Ram Khilawan and his brother, Ram Chandra Chowkidar and many other persons of the village had gone to village Prayagpur to see nautanki at the house of Mauji Lal. There were number of persons witnessing nautanki and gas light was lit there. At about 10.00 p.m., appellant, Majid, of village Prayagpur came with lathi in his hand and hit the brother of the informant, Ram Chandra Chowkidar, by lathi with considerable force on his head when he was witnessing nautanki in front of the house of Mauji Lal Lodhi. His brother fell down after being beaten on his head. The incident was seen by the informant and witnesses, Shankar Singh and Ram Babu. All of them tried to apprehend accused but in vain. Deceased died on the spot. Prior to the present incident deceased had given statement against the appellant, Majid, in the murder case of Phulla Dhanuk and on account of aforesaid enmity he was murdered.