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

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned Additional Government Advocate for the State.

(2.) Under challenge in the instant criminal appeal is the judgment and order dated 15.12.2012 passed by learned Additional Sessions Judge, Court No. 14, Lucknow in Sessions Trial No. 627 of 1997, arising out of Case Crime No. 34/1995, Police Station - Itaunja, District - Lucknow, whereby the appellants Habeeb and Tabib were convicted under Sec. 302/34 I.P.C. and sentenced with imprisonment for life and also with fine of Rs. 5,000/ - with default stipulation of six months additional imprisonment.

(3.) Briefly the case of the prosecution was that the complainant Devi Sahai Tiwari lodged an F.I.R. at Police Station Itaunja, District - Lucknow on 01.03.1995 at 17.00 hours alleging therein that on that day his Mausera Bhatija Rajesh Kumar Shukla had gone to the Chakki for getting oil extracted from the Tilli. Some dispute took place due to excess payment demanded by the owner of the Chakki, namely, Habeeb. The appellants Habeeb and his son Tabib started beating Rajesh Kumar. When Rajesh wanted to run away from there to save his life, then Habeeb caught hold of Rajesh and his son Tabeeb gave blow of knife on his abdomen. Sustaining the injuries, Rajesh fell down on the spot. Hearing the noise, Awdhesh Kumar Trivedi and other persons reached at the place of occurrence and saw the incident and on their challenge accused persons ran away from the place of occurrence.