- (1.) U. S. Tripathi, J. The above two ap peals have been preferred against the judg ment and order dated 28-6-1980 passed by 1st Additional Sessions Judge, Rampur in Sessions trial No. 10 of 1980 convicting the appellants of both the appeals under Sec tion 302 read with Section 34 I. P. C. and sentencing each of them to life imprison ment.
(2.) THE prosecution story, briefly staled, was that appellant Rayces Addha is the son of appellant Siddiq, appellants Sardar and Rayces Pitaroo are nephews of said Siddiq and Bhoora deceased was Siddiq's sister's son. One Latif nephew of appellant Siddiq and Inayat husband of niece of Siddiq were living as tenant in the house of Bhoora deceased. Some 20 days before the occurrence of this case quarrel had taken place between wives of Bhoora deceased and Inayat. Inayat and Latif caused injuries to the wife of Bhoora and when Bhoora deceased tried to save her, Inayal inflicted knife injuries and Latif kicks and fists injuries on him (Bhoora ). Bhoora deceased had lodged a report against Latif and Inayat regarding the said occurrence at police station Ganj district Rampur on 24-9-1979 and a criminal case was pending. Inayat was in jail in connec tion with the said case. On account of above incident and lodging of report by Bhoora deceased appellant Siddiq, his family members and relatives were having grudge with him and had also threatened to kill him. THE deceased also moved an application to the City Magistrate, Ram pur regarding threats extended to him by appellant Siddiq and others. On 13-10-1979 Bhoora deceased and his real brother Nanha (P. W 1) were repairing their house. In the after noon at about 2-2. 15 p. m. Bhoora deceased and Nanha (P. W. 1) were going to Bazaria Khansama tri-crossing in Rampur city to take tea at a tea stall. When they reached near and tri-crossing appellant Sardar, Siddiq, Rayees Pitaroo and Rayees Addha me, them. Observing them the appellants told that Bhoora posed himself a great litigant. Appellant Sardar told that he had sent his brother Latif to jail and he should be finished. In the mean time Jalil Ahmad (P. W.), Anwar (P. W. 4), Gulam Rasool (P. W. 5) and others also came there. Bhoora deceased ran towards east, towards Munshi ji ka masque. The appel lant chased him and surrounded him at a distance of about 35 paces in front of gate of Munshi Maszid. Nanha (P. W. 1) and others witnesses also followed the appel lants. After surrounding Bhoora deceased, appellant Siddiq caused Sariya (iron rod) injuries, Rayees Pitaroo lathi injuries and Sardar and Rayees Addha knives injuries. Bhoora deceased fell down and the appel lants again caused injuries on his falling down. On the intervention of the witnesses the appellants ran away towards north leaving one blood stained Sariya, one blood stained lathi, one blood stained knife and one shoe on the spot. Condition of Bhoora deceased was serious. Nanha (P. W. 1) took him to hospital in a rickshaw where his injuries were examined by Dr. S. K. Gupta (P. W. 7), who found following injuries on his person :- 1. Incised wound 6 cm x 2 cm x depth could not be probed, on right side of chest. 2. Incised wound 4 cm x 1 cm x muscle deep in front of right knee. 3. Incised wound 7 cm x 2 cm x muscle deep over from of left elbow joint. 4. Incised wound 7 cm x 2 cm x muscle deep below left axilla.
(3.) INCISED wound 2 cm x 0. 5 cm x muscle deep over left ring finger on palmer aspect. 5. The injuries were found dangerous to life caused by sharp object and were fresh in duration. While taking with the doctor during examination of the injuries the deceased died.;