HABIB ULLAH Vs. STATE

JUDGEMENT

(1.) HABIB Ullah, convict appellant, has preferred this appeal against the judgment and order of Sri D. N. Shukla, Additional Sessions Judge, Banda, dated 11-8-1977, convicting the appellant under sections 302 and 307, IPC and sentencing him to imprisonment for life and seven years (the Sessions Judge, by mistake omitted to mention whether this sentence of seven years would be simple or rigorous). Both the sentences were ordered to run concurrently.

(2.) THE prosecution case is that Mohammad Razi alias Dadua complainant, the deceased, was a notorious person against whom the police had started a case under section 110, CrPC on the basis of police report dated 1-3-1973. He was said to be forcibly realizing money from the local shop-keepers. Mohammad Razi alias Dadua was one of the local shop keepers running a vegetable shop just as Habib Ullah appellant was also running a vegetable shop.

(3.) THE appellant had denied having committed this crime and alleged that he was falsely implicated in this case on account of enmity. THE defence did not even lead any evidence in defence.