BHAGWAN DEEN AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) Two persons, namely, Bhagwan Deen and Kalloo were charged by the VIIth Additional Sessions Judge, Sitapur in Sessions Trial No. 232 of 1984 for offences punishable under sections 302/34, Penal Code and 394, IPC. Vice judgment and order dated 21.1.1987 the IVth Additional Sessions Judge Sitapur convicted and sentenced them to undergo imprisonment for life for the offence punishable under Sec. 302/34 IPC. In addition, he convicted and sentenced Kalloo to undergo two years RI for the offence punishable under Sec. 404, IPC. Aggrieved by their convictions and sentences Bhagwan Deen and Kalloo preferred in this Court Criminal Appeal No. 128 of 1987. They also preferred criminal appeals from jail. The appeal preferred by Bhagwan Deen therefrom is Criminal Appeal No. 198 of 1987 and that preferred by Kalloo therefrom is Criminal Appeal No. 320 of 1987. Since these three appeals arise out of a common factual matrix and impugned judgment we are disposing them off by one judgment.

(2.) Shortly stated, the prosecution case runs as under -

(3.) The evidence of Head Moharrir Mirza Rahman Beg P.W. 4 shows that on 29.3.1984, at 6.35 p.m. the informant Sunita Saha lodged a written FIR (Exhibit Ka-1), on the basis of which he registered an offence punishable under sections 302 and 394, Penal Code vide Exhibit Ka-7 and prepared the chik FIR. A perusal of the chik FIR shows that the distance between the place of the incident and the Police Station Sidhauli was two furlongs. It is pertinent to mention that the appellants Bhagwan Deen and Kalloo are named in the FIR.