SHABBU KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellants Shabbu Khan and Ali Husain have challenged their conviction under sections 302/34 Penal Code and sentence of life imprisonment, implanted on them by the IInd Additional Sessions Judge, Rampur vide his impugned judgment and orders dated 3.2.1982 passed in S.T. No. 213 of 1981, in these two connected appeals.

(2.) An incident in which one Afsar Ali lost his life on 7.3.1981 at about 1.00 P.M. took place in the agricultural field of Babbu Khan within the limits of village Pranpur, Police Station Tanda District Rampur. Akbar Ali informant P.W. 1 brother of the deceased lodged a report regarding the said murder at police station Kotwali District Rampur on 7.3.1981 at 15:15 hours. The reason given for lodging the report at Kotwali instead of Police Station, Tanda was that it was nearer from the place of occurrence. Both the appellants were named as accused in the first information report.

(3.) According to the prosecution version two or three days prior to the murder a quarrel had insued between Afsar Ali, brother of informant Akbar Ali, and Ali Hasan the lease holder of Shabbu Khan on the ground of passing of a bullock cart from the field. Ali Husain had objected to the passing of the bullock cart from his field. Gulam Sabir P.W. 4 had witnessed this altercation as he was driving bullock cart of Afsar Ali.