ALI AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) The appellants, two in number, were sentenced under Section 302 r/w 34 of IPC in Sessions Trial No.170 of 1983. They have challenged their conviction of life imprisonment by way of this appeal. Since 1983, they are on bail.

(2.) This appeal is of the year 1983. The appellants were released on bail by this Court on 29.6.1983. It is after exactly 32 years that the appeal was listed before us for hearing.

(3.) The facts in brief are that the deceased Rasheed Khan was the real brother of both these accused and was husband of Smt. Shahnaz Bano, who lodged the complaint. The deceased, the appellants and the complainant resided in the same house in Mohalla - Anta, P.S. - Sadar Bazar, District - Sahjahanpur. The deceased was working in a clothing factory and his working hours were during night shift which would get over at 6.00 a.m. The deceased reached home at 6.30 a.m. and the complainant complained to him that his brothers were misbehaving with her and trying to molest her. The deceased on hearing this, came down from the upper storey of his house. He scolded both the accused for their misconduct. The accused were having Lathis with them as they had come from the field. Altercation took place between the brothers just outside the house. The younger brother of deceased Saghir and son of deceased also came to the spot. Lallan a prosecution witness, who was employed by deceased, and Nasir Ahmad - PW1 and one neighbour also came there. Nasir and Lallan told them to go inside the house and settle the matter in the house. On this the deceased and the accused started going in the house at that time both the accused gave Lathi's blow on the head of the deceased, who fell down and became unconscious. This incident occurred at 6.45 a.m. The younger brother Saghir got a rickshaw and the complainant took the deceased to police station and dictated an F.I.R., earlier it was registered as a complaint under Section 308 IPC. Entry was made in G.D. at serial No.11. The injured was sent to District Hospital Shahjahanpur. Dr. Santosh Kumar - PW7 examined him. After certain observations and treatment, after 3 days i.e. 25.1.1983, the deceased died and, therefore, offence under Section 302 IPC read with 34 IPC was added. The accused were surrendered on 8.2.1983. Chargesheet was submitted against both the accused before concerned magisterial court, which Ext. Ka 7.