JHANGAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 25.3.1983 passed by the then 3rd Addl. Sessions Judge, Bareilly in Sessions Trial No. 142 of 1982 (State v. Jhangan) arising out of Case Crime No. 330 of 1981, Police Station Aonla, District Bareilly whereby the appellant Jhangan was convicted under Section 302 IPC and sentenced to life imprisonment.

(2.) Prosecution story in brief is that the informant Mohabbat Ali (P.W.-1) was friend of deceased Taqi Mohammad as well as the appellant Jhangan. Deceased Taqi Mohammad used to own a shop of cut-piece clothes as well as small tailoring shop. Both the informant and appellant used to get their clothes tailored by Taqi Mohammad (deceased) which in turn developed into friendship among all the three persons. Appellant used to live in a rented house near Chacha Nehru School. Deceased and informant used to visit the appellant Jhangan frequently. One month prior to the main incident, deceased Taqi Mohammad was cracking jokes, laughing and talking mainly with the wife of appellant infuriating the appellant. A row erupted between the appellant and his guest deceased Taqi Mohammad. Appellant was on the verge of the assaulting the deceased but informant Mohabbat Ali (P.W.-1) managed to broker the peace between them.

(3.) This did not satisfy the angry appellant who wanted to retaliate and continued to say to informant that one day he would take revenge. Eight -ten days prior to the incident the appellant Jhangan vacated his rented accommodation in town Aonla and went back to his village Vijai Nagla. On the date of incident, the appellant invited both the deceased Taqi Mohammad and informant Mohabbat Ali on the occasion of Deepawali, which was accepted by them. Both of them went to residence of appellant Jhangan at about 3-30 afternoon on 26.10.1981. Appellant treated them first with tea.