RAJOLA Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal arises out of the judgment and order of conviction dated 21.03.1984 passed by the VII Additional Sessions Judge and Special Judge (Economic Offences), Jhansi in S.T. No. 165 of 1980 by which the appellants Rajole and Babu @ Babbu were convicted under Section 302 read with section 34 IPC and sentenced to life imprisonment. They were also convicted under Section 307 IPC read with Section 34 of IPC and sentenced to seven years rigorous imprisonment. Both the sentences were directed to run concurrently.

(2.) The appellant Babu @ Babbu died during the pendency of this appeal and his appeal stood abated. Currently, the appeal of appellant Rajola, survives for hearing.

(3.) In brief, the prosecution case is that Abdul Gafoor (P.W.-1) submitted a written report (Ex-Ka-1) transcribed by Dharmveer (P.W.-8) at P.S. Moth, District Jhansi. He alleged, earlier Rajendra had assaulted Rajole. A case under section 307 IPC was registered against Rajendra and others. Therefore, Rajole was looking for taking revenge against Rajendra, who in the meantime became friend of Shafiq, nephew of informant. Rajole had threatened Shafiq to leave the company of Rajendra. It was asserted that on 15.8.80 at 9 p.m. when Rajendra and Shafiq were sitting at Verma hotel at Moth Bus stand, Rajole, Babu and two unknown persons armed with knives came, and at the instigation of Rajole assaulted Shafiq with knives. Rajendra tried to save Shafiq, however he was also assaulted. Injured Rajendra ran towards pond in the east and fell down. Meanwhile the informant along with Harprasad, Sunder and Pappu Sindhi exhorted the assailants and chased them with other persons. However, the four assailants escaped after threatening. The assailants had been identified in the torch and electricity light. The informant carried his nephew and Dharamveer carried his brother to Hospital at Moth. Serious injuries have been sustained.