BABBU Vs. STATE OF U P

JUDGEMENT

(1.) ALL the three connected appeals by the three appellants Babbu, Hanif and Khursheed have been preferred against the impugned judgement and order of conviction and sentence dated 27.1.1982, recorded by Sessions Judge, Moradabad in S.T. No.407 of 1981, State Vs. Khursheed and others. By the impugned judgment, appellant Khursheed was convicted u/s 302 I.P.C. whereas rest of the two appellants, Babbu and Hanif, are convicted u/ s 302/34 I.P.C. All of them, however, have been sentenced to imprisonment for life for that crime. Hence, this appeal.

(2.) BACKGROUND facts/ prosecution allegations, which has germinated these appeals were narrated in the written FIR Exhibit Ka-4 and was deposed during the trial by the two fact witnesses Mohd. Jamil,P.W.3, maternal uncle of deceased Iqram and Smt. Noor Jahan,P.W.4, mother of the deceased. From the perusal these evidences it is evident that informant Mohammad Jamil, P.W.3, was the brother-in-law of one Mohd. Imran, father of the deceased Iqram. Mohd. Imram and his wife PW4, had nine children including three sons and six daughters. Three years prior to the present incident, Mohd. Imran had expired. His widow, PW4 and her children resided in Awas Vikas Colony, in Lajpat Nagar locality in their own house. Iqram (deceased) was the sole bread earner of the entire family. All the appellants also resided in the same locality of the deceased and two of the accused Hanif and present appellant Babbu were the pals of Khursheed. These appellants wanted to be friendly with the deceased because he had young damsel sisters and for that reason they were pressuring the deceased to work with them, but since deceased had sensed their sinister motives, he at all times thwarted their design by refusing to abide by their requests. In the presence of the informant Mohd. Jamil, P.W.3, also accused and the deceased had a conversation about it and accused had threatened the deceased by warning him that if he will not work with them, they will not allow him to reside in Lajpat Nagar locality. Informant used to visit his sisters and nephews for enquiring about their welfare of and on.

(3.) H .C.Nirbhay Shanker Saxena P.W.2, registered the crime by preparing chik FIR Exhibit Ka-2, who also inked the crime registration G.D. Exhibit Ka-3.