- (1.) K. N. Ojha, J. Both these appeals have been preferred against the judgment and order passed by learned V Additional Sessions Judge, Agra, in Sessions Trial No. 584 of 1979, Salimuddin and two others v. State of U. P. , by which each of the appellants has been convicted and sentenced to undergo life imprisonment under Section 302 I. P. C. read with 34 I. P. C. and five years R. I. under Section 392 I. P. C. Each of them has been further fined with Rs. 1,000/- under Section 392 I. P. C. and in case of default in payment of fine is further sentenced to undergo R. I. for a period of one year. Both the sentences are directed to run concurrently.
(2.) THE accused Shamshu and Sabir Hussain are in jail and accused Salimuddin alias Jugnu is absconding, in respect of which coercive process for his arrest and process under Sections 82 and 83 of Cr. P. C. was issued but attendance of Salimuddin could not be procured. Heard Sri Vinay Saran, learned amicus curiae and learned AGA and have gone through the record. According to prosecution Akhtar Hussain was aged about 16 or 17 years in the year 1979. His father Rafiuddin had a tea stall in the town Firozabad. Akhtar Hussain used to serve in the tea stall by providing tea to customers. On 9-2-1979 at about 9. 30 p. m. Akhtar Hussain had carried tea from the tea stall to the hut of one Khalil. Later on he went to collect empty utensils. At the hut of Khalil the appellants robbed of Khalil on the point of knife. On the shrieks of Khalil that he was robbed of, Akhtar Hussain chased those persons and caught hold of Salimuddin alias Jugnoo near the shop of Husne Adil. On exhortation of Shamshu and Sabir Husain, Salimuddin alias Jugnoo assaulted Akhtar Husain with knife. Shamshu and Sabir Husain were successful in making their escape good. Rafiuddin, father of Akhtar Hussain also ran behind them. Salimuddin was arrested on the spot with knife by Jahiruddin, Husne Adil, Anwar and Bande Hasan. Akhtar was taken to hospital by Jalaluddin and Aslam.
(3.) REPORT of the occurrence was lodged by Rafiuddin, the father of the deceased Akhtar Hssain, under Sections 394, 307 I. P. C. on 9-2-1979 at 10. 30 p. m. at police station Firozabad North, which is at the distance of six furlong from the scene of occurrence. At the hospital the doctor declared Akhtar dead. Information regarding death of deceased was received at police station on 9-2-1979 at 11. 30 p. m. On the basis of which case was altered under Section 302 I. P. C.;