AZIZ AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 29-10-1991 passed by Vth Addl. Ses sions Judge, Lucknow convicting him under Section 302, I. P. C. and sentencing him to life imprisonment and a fine of Rs. 1,000/- and in default to further undergo six months R. I.

(2.) THE appellant as well as Ashfaq Alam deceased both were residents of Bihar. THE deceased hailed from Purnia district of Bihar. Both were young persons in their twenties. Within the jurisdiction of Hazratganj Police Station in Nanpara House, Star Montessori School was functioning of which P. W. 4 Mohd. Zameer was the Manager. P. W. 6 Khilawan was working as Chowkidar of the school and used to reside in a room of that building. THE deceased as well as the appellant were working as watch repairers in two different watch shop although owned by same per son, situated in Aminabad area. THE Manager of the school had rented out a room in the building of the school to the deceased and the appellant where they used to reside. P. W. 2 Wasiqur Rahman complainant also belonged to Purnia dis trict of Bihar. Father of the deceased had taught the complainant in a Primary School there.

(3.) INVESTIGATION was completed by P. W. 9 Inspector R. P. Singh who submitted charge-sheet after the accused was ar rested. Proceedings under Section 82/83, Cr. P. C. had to be drawn against the appel lant before he could be arrested.