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

JUDGEMENT

(1.) Sole surviving appellant Bachchu has preferred this criminal appeal against the order dated 28.2.1983 passed by Vth Additional Sessions Judge, Hamirpur in S.T. No.221 of 1980 (State Vs. Bachchu and another) arising out of Crime No.55 of 1980, P.S. Khanna, District Hamirpur whereby Bachchu and deceased appellants Kariya and Basira have been convicted under Section 302 I.P.C. read with Section 34 I.P.C. and 323 I.P.C. read with Section 34 I.P.C. and sentenced to life imprisonment, rigorous imprisonment for three months respectively and a fine of Rs.500/ - with default stipulation.

(2.) The appeal filed on behalf of appellant no. 2 Kariya and appellant no. 3 Basira stands abated on account of their death.

(3.) The prosecution story in nutshell is that on 17.4.1980 informant Hayat Ahmad (P.W. 1), his deceased brother Safat, his sister Sabbo (injured) and his wife Smt. Jabbo (injured) (P.W. 2) were working in the barn (Khalihan). His brother -in -law, Usman (sister's husband) (P.W. 3) was also present in his own barn which was located adjacent to the barn of informant Hayat Ahmad. The barn (Khalihan) of accused persons namely, Bachchu and Kariya sons of Subhan is also adjacent to the barn of Usman and located towards its south.