MOHD ISSA Vs. STATE OF U P

JUDGEMENT

(1.) N. S. Gupta, J. This Criminal ap peal is directed against the judgment and order of conviction, dated 18-3-1980 passed by Sri M. L. Singhal, the then Vth Additional District and Sessions Judge, Allahabad, convicting the accused appel lants under Sections 302/325, IPC read with Section 34 IPC and sentencing each of them to life imprisonment under Section 302, IPC and two years R. I. under Section 325, IPC. Both the sentences were directed to run concurrently.

(2.) THE prosecution story, briefly stated, is as follows: THE complainant Smt. Kalimunissa and the accused appellants are all resident of village Gaudiyani, P. S. Ma. u Aima Dis trict Allahabad. THE prosecution claimed that the accused appellants Mohd. Issa and Mohd. Idris are real brothers. THEy and accused appellant Garib are friends of Ramsajiwan. Ram Sajiwan bore enmity against the complainant Smt. Kalimunissa and her husband. THEre was a litigation in between the complainant's husband Bak-ridi and the accused appellant Ram Sajiwan over an agricultural plot situate in village Gaudiyani P. S. Mau Aima District Allahabad.

(3.) S. I. , Raghuraj Singh, P. W. 8 who was then working as Station Officer of P. S. Mau Aima immediately took up the inves tigation of the case in his hand. He recorded the statements of Smt. Kalimunissa and her son Khalil and rushed to the scene of occurrence right in the night of the occurrence. He searched out the accused appellants but they were not available. On the morning of 20-1-1977, he conducted inquest in respect of the deadbody of the deceased, Bakridan and sent the same for post- mortem ex amination through constable Abdul Latif P. W. 6.