GAFOOR SHAH Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal by appellants Gafoor Shah, Kaloo Shah, Godam Shah and Mehtab Shah has been preferred againsi the judgment and order dated 21st October, 1981 passed by IV Additional District and Sessions Judge, Budaun in S. T. No. 230 of 1978 convicting the appellants under Section 396 I.P.C. and sentencing each of them to undergo imprisonment for life.

(2.) The appellant Mehtab Shah died during the pendency of the appeal and his appeal has abated.

(3.) Complainant Suraj (PW-1) s/o Shri Ram Charan (deceased) who is a Harijan by caste is resident of village Beoli which lies within the circle of P. S. Wazeerganj of District Budaun at a distance of 3 kms. from police station. Smt. Shyama is his mother, whereas Sukhe (PW-2) is the father of Smt. Shyama and Nana of complainant Surajpal (PW-1), Smt. Suraj Wati (PW-3) and Ku. Anita who are injured are sisters and Suraj Prakash (PW-1) is the brother of the complainant. Chandra Pal is his maternal uncle. The appellants Gafoor Shah, Kalloo Shah and Godam Shah are real brothers and are residents of the same village Beoli. The complainant as well as the appellants are said to be neighbours with only one house of Sri Bhullan intervening between the houses of complainant and appellants.