KALLOO ALIAS KALYAN Vs. STATE OF U P

JUDGEMENT

(1.) THE appellants Kal ­loo alias Kalyan, Har Sahai, Hukmi and Himmat have preferred this appeal against the judgment and order dated 24 -9 -1980 passed by Sri N.C. Jain, the then VIII Addi ­tional Sessions Judge, Bareilly. Each of them has been convicted under Section 302 I.P.C. and sentenced to life imprisonment.

(2.) THE case relates to the murder of one Naubat. The incident took place in between the night of 28/29th December, 1978 at about 10 -11 p.m. in village Tumariya, P.S. Aonla, District Bareilly and the report was made on 29 -124978 at 8.30 a.m. by Hemraj. Naubat deceased had some illicit relations with the mother of the appellant Hari Sahai. In between the fateful night he went out from his house after taking his meals. The deceased Naubat was actually the son of Dauli who was the real brother of Hemraj. Dauli had died living Naubat in an early age and the said Naubat was brought up by Hemraj. Dauli's wife had start delving with Hemraj as his wife. Naubat did not return home upto 10 -11 p.m. Just at that hour, noise of Naubat was heard in the house of com ­plainant Hemraj coming from the house of Kadhe, whereupon he along with Ram Swarup went towards the house of Kadhe whose son accused Har Sahai is. Ram Swarup and Mukut are sons -in -law of Hemraj. Reaching at the house of Kadhe, they found the main gate to be open and in the light of the lantern hung in the Chap -par, they saw that all the appellants were assaulting Naubat. - Ram Swarup, P.W. 6 .bad a torch also. Kalloo alias Kalyan was assaulting Naubat with a Sooja (a sharp edged weapon) and the other three Har Sahai, Hukmi and Himmat were hitting him with lathis. Hemraj and his companions raised alarm but nobody turned " up due to fear of the appellants. The appel ­lants threatened Hemraj and his com ­panions who fled back to their house. In the morning, the complainanrtvent to the Police Station Aonla and lodged a report there. At about 10 a.m. on 29 -12 -1978 the appellants Har Sahai and Kalloo alias Kalyan brought Naubat in injured condi ­tion in a bullock cart alleging that he had entered that house in the night along with others to commit theft and was ap ­prehended after giving a beating. Naubat being critically injured was sent to Aonla hospital for treatment. He expired of his injuries in between the night of 29/30 -12 -1978 at 4.10 a.m. Consequent thereupon the case was converted inter alia under Section 304 I.P.C. Investigation followed as usual where after a charge -sheet was laid against them.

(3.) THE above injuries had been caused by different weapons viz., blunt as well as pointed.