JUMMAN KHAN Vs. STATE OF U P

JUDGEMENT

(1.) Jumman Khan, aged about 25 years, professionally a Rickshaw puller, resident of Mohalla Ramgarh Gaddha, Firozabad, district Agra, has filed this appeal against his conviction under Section 302 and 376 I.P.C. and sentences of death and imprisonment for life under the aforesaid Sections of the Penal Code, passed by Sri Vishnu Dutta Dubey, 11th Additional Sessions Judge, Agra in Sessions Trial No. 367 of 1984 by his judgment and order dated 30/11/1984.

(2.) It was stated by the prosecution that the appellant Jumman Khan was Jiving in a rented house in the neighbourhood of the complainant Ausaf Khan lying at about a distance of 30 paces from the house of complainant Ausaf Khan.

(3.) The case of the prosecution is that on 22nd June, 1983 at about 4 P.M. while Ausaf Khan was away on his work in the factory of his employer in the Town of Firozabad, District Agra, appellant Jumman Khan, went to the house of his neighbour Ausaf Khan at about 4 P.M., and at that time Smt. Dulhey Khan Begum, wife of Ausaf Khan complainant was present in the house alongwith her minor children. The appellant met Smt. Dulhey Khan P.W. 7 and requested her to allow her daughter Km. Sakina aged about 6 years to go outside for bringing him the ice from a nearby shop Smt. Dulhey Khan Begum acceded to the request made by the appellant and asked her daughter Km. Sakina to go outside for bringing the ice for the appellant and consequently Km. Sakina went outside from her house in the company of the appellant for bringing the ice.