AFSAR ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellant Afsar Ali has preferred this appeal against the impugned Judgment and order dated 28.1.1982 passed by the IInd Additional Sessions Judge Rampur convicting him under Sec. 302/34 and 394 1397 Penal Code and sentencing him with life imprisonment on the first head and seven years RI with fine of Rs. 1500.00 under the second head. By the same judgment, co-accused Jabbar who was tried in Sessions Trial No. 2000 of 1980 along with appellant has been acquitted by the trial, court.

(2.) Preceding facts against the appellant are that on 24.2.1980 deceased Behari accompanied with his two sons Dori Lal and Brij Mohan and one Chhote Lal P.W. 2 had gone to Panwaria weekly market under circle of Police Station civil lines District Rampur to sell his two buffalo calves. Ganga Ram P.W. 3 of village Narainpur and Ram Prasad of village Midholi had also brought their catties for sale. In that fair near the check post Ram Singh of village Megha Nagla settled the deal for purchase of the calves of Behari for a sum of Rs. 1360.00. How ever a dispute arose as to who would pay the scribing charges for the sale receipt. The said dispute was resolved by two strangers in the market who advised each of them to pay half of the scribing charges. The sale letter was accordingly executed and transaction was completed and the deceased kept the sale consideration in his pocket.

(3.) It is alleged that on their way back home, Behari and his younger son Chhote Lal P.W. 2 moved ahead whereas elder son Dori Lal P.W. 1 along with Ganga Ram P.W. 3 and Ram Prasad stayed back in the market for a short while to make some purchases. At about 3.00 PM Dori Lal, Ram Prasad and Ganga Ram were returning to their houses, when they saw the same two strangers catching hold and assaulting Behari with knife near bone mill. One of them was giving knife blows while the other was forcibly taking out money from the pocket of Behari at gun point. Behari's younger son Chhote Lal was making hue and cry and was crying for help. When Behari fell on the ground, the two culprits on seeing Dori Lal etc. advancing towards them ran away towards the cloth mill. Behari died on the spot. The two culprits had robbed Behari of Rs. 1360.00 which he had collected by selling his buffalo calves.