(1.) Heard Sri Ajeet Srivastava, learned counsel for the appellants and Smt. Manju Thakur, State Law Officer for the State.
(2.) This criminal appeal has been preferred by the appellants, Baljeet and Anand Prakash alias Bittu, who are father and son, against the judgement and order dated 05. 0 1988 passed by IIIrd Additional Sessions Judge, Saharanpur in S. T. No. 57 of 1986, convicting the appellant no. 1, Baljeet under Section 302 read with Section 34 I. P. C. and appellant no. 2, Anand Prakash alias Bittu under Section 302 I. P. C. and sentencing both the appellants to undergo imprisonment for life.
(3.) Briefly stated the facts of this case are that P. W. 1 Ram Prasad gave a written report (Ext. Ka. 1) at P. S. - Kotwali City, District- Saharanpur on 11. 10. 1985 at about 11. 20 A. M. stating therein that on 11. 10. 1985 at about 10. 30 A. M. , P. W. 1 informant Ram Prasad while returning from his factory to his house situated in Mohalla Garhi Malook along with Mohan and Raj Bhagat, on reaching the house of Rajpal, they saw Baljeet (A1) and his son, Anand Prakash alias Bittu (A2) abusing Somma and his brother Ashok, who was crying for help, when Somma objected, Bittu hurled abuses at him loudly and ordered him to keep his mouth shut. Baljeet (A1) exhorted Anand Prakash alias Bittu (A2) to kill Somma as he was arguing on which Anand Prakash alias Bittu (A2) pulled out a long dagger and assaulted Somma with the same on which Somma in order to save his life, ran and entered into the house of Rajpal, followed by Anand Prakash alias Bittu (A2) and Baljeet (A1), who caught hold of Somma in the verandah of the house of Rajpal and thereafter Anand Prakash alias Bittu (A2) started stabbing him with his dagger, causing severe injuries on his neck. Upon receiving the injury on his neck, Somma fell down on the ground. Although Anand Prakash alias Bittu (A2) managed to flee from the place of occurrence, threatening the people present there by waving his dagger at them, but Baljeet (A1) was caught on the spot. After sending Somma to the hospital on a rickshaw, P. W. 1 informant Ram Prasad came to the police station for lodging the report of the incident.