IMTIYAZ MURTAZA, J. - (1.) THESE are two connected appeals against the judgment and order dated 18-4-1981 passed by the then 1st Additional District and Sessions Judge, Budaun whereby appellant - Ram Sewak has been convicted and sentenced to imprisonment for life under S.302, I.P.C. and to three years' rigorous imprisonment under S.307/34, I.P.C. Appellant Pradeep Kumar alias Pannoo alias Fattey of Criminal Appeal No. 1254 of 1981 and imprisonment for life under S.302 read with S.34, I.P.C. Both the sentences of both the appellants have been ordered to run concurrently.
(2.) APPELLANT - Pradeep Kumar alias Pannoo alias Fattey expired during the pendency as was reported by the Chief Judicial Magistrate concerned. His appeal has, therefore, abated. The prosecution case in short is that a theft had been committed in the house of one Chhotey and he had approached Mehshar deceased to get the stolen articles returned by Pannoo and Ram Sewak. It is alleged that on 2-10-77 Pannoo had promised to return the stolen articles in the evening. It is further alleged that at 7.00 p.m. in the evening Nawab - the informant, was standing at the crossing of Mohalla Shahbazpur. The appellant along with two other accused came and asked him to call his brothers so that the stolen articles could be returned. Nawab went and called his brothers Mehshar and Kausar and as they reached at the crossing and asked about stolen articles Ram Sewak appellant took out a knife and Mehshar seeing the knife turned to run away and as soon as he turned Ram Sewak gave a knife blow on his back. Mehshar fell down and Kausar tried to catch hold of Ram Sewak. It is alleged that Vir Pal exhorted Pannoo to kill Kausar. Then Pannoo gave knife blow to Kausar on his back. It is alleged that several witnesses namely Jamil, Anwar and Rais Ahmad came and when they accosted the accused they all ran away. Nawab and some others took the two injured to Hospital and as soon as they reached the hospital Mehshar succumbed to his injuries. Kausar was admitted in the Hospital. The report was lodged at Police Station Korwali at 9.05 p.m. The police after investigation had submitted charge - sheet and after committal of the case to the Court of Session the charges were framed against Ram Sewak, Pannoo and Vir Pal.
(3.) THE Sessions Judge convicted appellants - Ram Sewak and Pannoo and Vir Pal was acquitted of the charges. Both the convicted appellants preferred appeal before this Court. The appeal of Pannoo had abated on account of his death.;