MAHMOOD ILAHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgement and order dt. 24-6-78 passed by Sri R.P. Jain, the then Sessions Judge, Etawah, by which he has convicted Mahmood Ilahi, appellant under S.302/34, I.P.C. and has sentenced him to undergo imprisonment for life.

(2.) Whereas Ghulam Abbas deceased aged about 45 years was a resident of village Hajji Ka Purwa P.S. Phaphund, Mahmood ilahi appellant was resident of Mohalla Saidwara in village Phaphund. Ghulam Abbas deceased had also a house in the said Mohalla Saidwara in village Phaphund. Sometimes Ghulam Abbas used to reside with his family in Mohalla Saidwara in village Phaphund.

(3.) According to the case of the prosecution from 3 or 4 years prior to the date of the incident the appellant had developed illicit relation with Smt. Meraj Fatma wife of Ghulani Abbas deceased. The appellant used to visit the said lady in the absence of the deceased. The deceased had asked the appellant a number of time not to visit his wife and the same had also led to a quarrel two or three times between Ghulam Abbas deceased and the appellant. About 5 or 6 months prior to this occurrence aforesaid Smt. Meraj Fatma had gone away with the appellant along with some cash and ornaments and had started living with him in a house at Etawah.