NAZIR Vs. EMPEROR

JUDGEMENT

(1.) Nazir Sikandar and Babu appeal against their conviction under Secs.302, 307, 894 and 366, Indian Penal Code. Maru and Abdul Latif appeal against their conviction under sections 366 and 368, Indian Penal Code. Maru also appeals against his conviction under Section 411, Indian Penal Code. Nazir and Sikandar were sentenced to death under Section 302, Indian Penal Code and the reference for the confirmation of the death sentence is also before us.

(2.) Nazir and Sikandar accused are residents of village Kuteaca, police station Titavi, district Muzaffarnagar. Mst. Prakasho, P.W. 7, daughter of Jaggu P.W, 36, was also a resident of the same village. She was married to Meghraj deceased who was resident of village Tejalhera which is at a distance of 12 kos equivalent to about 15 miles from village Kutesra Babu accused is a resident of village Buddha Khera, 1 1/2 miles from village Kutesra.

(3.) The full prosecution story is narrated by Mst. Prakasho P.W. 7, and is briefly as follows: Nazir and Sikandar accused teased and molested her some time before the incident in suit. They were also suspected to have committed a theft at her father's house 20 or 25 days before this incident.