RAJENDRA MUDLAK Vs. STATE OF U P

JUDGEMENT

(1.) - Rajendra has filed Criminal Appeal No. 1642 of 1978 while Mudlak alias Vijendra Singh and Harish have filed Criminal Appeal No. 1643 of 1978 against their conviction and sentences recorded by Sri I P. Singh Sessions Judge, Ghaziabad by his judgment and order dated 29.5.1978. The appellants were convicted under Section 302 read with section 34 I.P.C. and were sentenced to undergo R.I. for life imprisonment. Both the aforesaid appeals were connected and we are disposing of both the appeals together by a common judgment and order.

(2.) Rajendra Singh and Mudlak appellants are real brothers, while appellant Harish is their nephew.

(3.) The case of the prosecution in brief is that on the day of occurrence, Mahendra Singh deceased had gone to the shop of Mccl Chand to take delivery of his Shirt which he had given him for tailoring and at about 6.30 P.M. on 22.8.1977, while the deceased was sitting on a cot in front of the shop of Mccl Chand, the appellants arrived there from the western side and landed knife blows on the person of the deceased, with the result, the deceased sustained grievous injuries on his person. The occurrence was witnessed by Mccl Chand, Nepal Singh P.W.2, Brahma Dutt P.W. 4 and few others. The appellants after inflicting injuries on the injured, escaped from the scene of occurrence. After the occurrence, Mahendra Singh deceased was first taken to his Gher and, thereafter, he was removed to M.M.G. Hospital, Ghaziabad where the Doctors declared him dead. A memo regarding the death of deceased Mahindra Singh was sent to Police Station Kotwali by Dr. S.K. Gupta (D.W. 1) to the effect that the dead body of the deceased was brought to the Hospital by Han Kishan, son of Ganga Sahai.