KALLU & ANOTHER Vs. STATE

JUDGEMENT

(1.) The present criminal appeal has been filed against the impugned judgment and order dated 14.9.1982 passed by II Additional Sessions Judge, Aligarh in S.T. No.111 of 1982 (State Vs. Kallu and another), convicting the accused-appellant nos.1 & 2, under Sections 324 & 324/34 I.P.C. and sentencing them with rigorous imprisonment for a period of 2 years & 1 year respectively.

(2.) The brief facts relating to the case are that on 3.5.1981 at 2:40 a.m. a F.I.R. was lodged by Abdul Hamid against Kallu @ Tonta and Sukha with the allegations that "when he and his son Farahim were sleeping on road side Patari in front of the shop, at about 1:15 a.m. his son Farahim raised alarm upon which he, Chaman Pathan and Mahfooz woke up and saw that Kallu and Sukha were abusing his son and upon being exhorted by Sukha, Kallu made a knife (Chhuri) blow on the right side of chest of Farahim and he and witnesses seen and identified the two accused in the electric light as well as light of torches and they fled away leaving the knife on the spot. After submission of charge-sheet, charges were framed against Kallu under Section 307 I.P.C. and against Sukha under Section 307/34 I.P.C. and by impugned order the learned trial court acquitted the accused-appellants for the offences under Sections 307 & 307/34 I.P.C. and holding the guilty, convicted Kallu under Section 324 I.P.C. and Sukha under Section 324/34 I.P.C. and sentenced them with rigorous imprisonment for a period of 2 years and 1 year respectively. During pendency of appeal the accused-appellant no.1 Kallu has died and appeal in respect of him has abated vide order dated 3.10.2017.

(3.) Heard Sri Akhilesh Srivastava, learned counsel for accused-appellants, learned A.G.A. for the State and perused the record, paper-book as well as the lower court record summoned in appeal.