RAIS ALIAS BEHRA AND ANOTHER Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 5.5.1982 passed by the Session Judge, Saharanpur in S.T. No. 64 of 1981 State Vs. Jaipal and two others under section 302/34 and 307/34 IPC relating to P.S. Manglore, District Saharanpur (now this police station is part of District Haridwar, Uttrakhand) whereby convicting the accused Jaipal, Rais alias Behra and Abdul Rahim under section 302 r/w section 34 and 307 r/w section 34 IPC and sentenced them to undergo imprisonment for life and R.I. for 7 years on each count respectively.

(2.) THE present appeal has been filed by accused Rais alias Behra and Abdul Rahim. Accused Jaipal has filed Criminal Appeal No. 1381 of 1982 but it is abated due to death of sole appellant Jaipal.

(3.) IN order to prove charges the prosecution examined Smt. Munni (P.W. 5) in order to prove motive. Eye witness Budh Singh (P.W.3), Laxman injured (P.W. 4), Sompal (P.W.8) and Smt. Raj Bala (P.W.9) are witnesses of fact.