KALLOO Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order dated 25.3.1982 passed by the 3rd Additional Sessions Judge, Moradabad in S.T. No. 624 of 1979 (State v. Kalloo and others), whereby the appellant accused Kalloo @ Kalwa has been convicted and sentenced to undergo imprisonment for life under section 302 of Indian Penal Code (in short, 'I.P.C.'), and the appellants-accused Smt. Sharifan, Iliyas and Ali Husain have been convicted and sentenced to undergo imprisonment for life under section 302 read with section 34IPC

(2.) DURING pendency of this appeal, the appellants-accused Kalloo and Smt. Sharifan have died and hence, the appeal against them has been abated vide order dated 24.7.2007.

(3.) LEAVING village people at the place of incident, the first informant Chheda Lal went to P.S. Munda Pandey and gave oral information about the incident. On the ba sis of that information, the then head mo-harrir Jhamman Lal ( P.W. 4) prepared chick FIR Ext. Ka 1 and registered a case under section 302 IPC at Crime No. 181/1979 on 29.9.1979 at 3.10 a.m. against (1) Kalloo (2) Sharifan (3) Iliyas and (4) Ali Husain. Entry in G.D. No. 5 Ext. Ka 3 was also made at the same time about registra tion of the case.