SABIR KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Sri. Parmatma Saroup, the then Sessions Judge, Budaun, vide his judgement and order dated 6-9-78, passed in Criminal Sessions Trial No. 288 of 1977, has convicted Sabir and Hamid alias Jugnu under Section 302 read with sec. 34 of the Indian Penal Code and both of them have been sentenced to imprisonment for life. Against this order and judgement they have come up through the present appeal.

(2.) The prosecution story may be summarised as follows :- One Misri Khan was father of P.W. 1 Nathoo and grandfather of P.W. 2 Mehdi Hasan. The accused appellant Sabir who has just a boy of 17 years of age at the time of incident is a daughter's son of Misri Khan. The other accused appellant Hammed alias Jugnu, who was 21 years of age at the time of this occurrence, is the son of the daughter of Misri Khan's brother. Sabir Khan and his parents are all residents of village Shakilpur, which lies within the Police station Bilari, district Moradabad but for the last 4 or 5 years prior to the occurrence he was residing with Misri Khan who used to give him a lot of love and affection. There is some allegation of the fact that Misri Khan, although he loved his two grandchildren, and although he was a rich man, lived the life of the miser and did not part with money for these two boys. It is said to be the motive for the present case.

(3.) The occurrence took place in village Sidh Baraulia which is also known as Shareh Baraulia, within the area of police station Ugheti in district of Budaun, at 1 a.m. on 14-5-77 and the first information report was lodged the same day at 6.05 a.m., at a distance of five miles, by Nathoo Khan, son of the deceased Misri Khan. Misri Khan was 85 years of age. In the first information report there is no suspicion on anybody and the story that has come forward is that Misri Khan was sleeping in his thrashing floor in the agricultural area of village Shareh Barulia along with Sabir. At about 1.00 a.m. Sabir came running to the house of Misri Khan Nathoo Khan and called out that some bad characters were murdering the maternal grandfather in the agricultural area. Upon this, Nathoo Khan (P.W. 1) collected witnesses from the neighbourhood and reached the Khalihan where they found Misri Khan lying dead on his Charpoy. Then leaving the dead body with the Chaukidar and the witnesses, Natthoo Khan went to the Thana and lodged the report.