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

JUDGEMENT

(1.) Both these criminal appeals arise out of the same judgment and order dated 19.09.06 passed by Additional Sessions Judge, Court No. 7, Pilibhit in S.T. No. 61 of 1998 (State Versus Anees and another), under Sec. 302/34 I.P.C., P.S. Kotwali, Pilibhit, whereby the learned trial court has convicted the appellants for offence under Sec. 302/34 I.P.C. and has sentenced them to undergo life imprisonment with fine of Rs. 8,000/ - imposed on each of them, in default of which they were to undergo two years further imprisonment. Being related to the same occurrence and same case crime number both these appeals were connected and are disposed of by this common judgment.

(2.) Heard Shri Dilip Kumar assisted by Shri Rajarshi Gupta, on behalf of the accused appellants, learned AGA, representing the State and carefully perused the evidence available on the lower Court's record.

(3.) Shorn of unnecessary details, the prosecution case as appearing from the First Information Report lodged by one Sanavvar Khan, father of the deceased, on 07.04.1997 at 9.50 P.M. at Police Station Kotwali, Pilibhit, is that earlier at about 12 noon on the same day, some altercation had taken place between informant's son deceased Waseem @ Fuddu and the appellant Anees during arm wrestling/"punja fight" and the deceased had slapped appellant Anees. Although the dispute was pacified at that time, the accused appellants Anees and Kaluwa, having a grudge and feeling of revenge against deceased Waseem, reached to the house of the informant at about 8.30 P.M. They called Waseem, using abusive language. When he came out, they assaulted him and took him to Tangewali Gali, where appellant Kaluwa, caught hold of deceased's hands and appellant Anees made a hard blow from a "gupti" (a sharp edged long knife) he was carrying on the chest of the deceased, which pierced his heart causing his instantaneous death. At the time of occurrence, several persons of the vicinity were present, who saw the occurrence. Waseem @ Fuddu was immediately taken to the hospital, where doctors declared him brought dead. The informant, in the F.I.R., also expressed his apprehension about the involvement of the real brothers and cousin brothers of appellant Anees in the occurrence. However, the case was registered against both the appellants only.