ISLAM AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) FOUR accused -appellants assail the correctness of the judgment and order dated 3rd May, 1982 passed by Sri R.D. Shukla, IIIrd Additional Sessions Judge, Barabanki in S.T. No. 42 of 1981 (State v. Islam and others) whereby the appellants have been, convicted under sections 302 r/w 34, 394 IPC and, sentenced to undergo imprisonment for life and five years' rigorous imprisonment along with fine of Rs. 1000/ - each, in default thereof to further undergo one year's rigorous imprisonment, respectively.

(2.) THE prosecution case in hand is that on 23rd December, 1979 at 5.05 p.m. at police station Rudauli, District Barabanki chick FIR was scribed on the information of Jagdish Prasad. Jagdish Prasad has stated at P.S. Rudauli that accused persons bore enmity with them due to a dispute taken place three months earlier about water of the canal. That day he along with his father Ram Lal and co -villagers Sunder Lal, Thakur Pasi, Ram Pal and Shiv Narayan had gone to Rudauli market for purchasing household goods and making demand for money due to Ram Lal. After purchasing the goods and getting payment of Rs. 2,500/ - from Hazi Farid, they were returning home on two bicycles. Ram Lal was on the bicycle of Thakur. At about 2.30 p.m. when they reached the canal bridge near village Roza, where bank of the canal was filled with loose earth, thence they got down from the bicycles and started walking on foot. While they were going so on the canal bank Anis, Shaukat, Islam Ali and Hasmat of village Sulemanpur armed with lathi, knife and bomb were waiting to ambush his father. As soon as they saw his father, on the exhortation of Anis, Ram Lal was struck with a lathi by Anis when Ram Lal started to run towards his village, Hasmat threw bomb on him thereupon Ram Lal fell down on the bank of canal, Shaukat rode on his chest and struck knife blows there. Islam Ali cut the throat of his father with a knife. After taking money from the dhoti of Ram Lal they ran away.

(3.) BESIDES documentary evidence, on behalf of the prosecution, eight witnesses were examined. After close of prosecution evidence, statements of appellants were recorded under section 313 Cr.P.C. who denied the enmity, their involvement in the incident, pleaded ignorance about the autopsy of Ram Lal and steps taken in the course of investigation. According to them they have been falsely implicated due to enmity on the behest of Shitla and others. According to them witnesses are deposing against them due to enmity. In the defence no witness was examined. Only documentary evidence was filed. After conclusion of the trial, the learned trial judge recorded the findings thereby holding the appellants to be guilty of the offences they were charged with and sentenced them accordingly.