MUKTESHWAR PRASAD, J. - (1.) TWO accused, namely, Rafiq @ Rafi and Ahsan have preferred the aforesaid two appeals against the judgment and order dated 17 -8 -81 passed by Sri Jaswant Singh, the then III Additional Sessions Judge, Bijnor in S.T. No. 3 of 1978 whereby Rafiq Ahmad was convicted under Sections 302 and 201 of the Penal Code and was sentenced to undergo imprisonment for life and rigorous imprisonment for a term of seven years. Accused Ahsan was convicted by the Court below under Section 411, I.P.C. and was sentenced to suffer rigorous imprisonment for a term of one year and to pay a fine of Rs. 500/ -. In the event of default in payment of fine he was ordered to undergo rigorous imprisonment for a period of six months.
(2.) SINCE both the appeals filed by the accused have arisen out of a common judgment passed in S.T. No. 3 of 1978, they were heard together and are being disposed of by a common judgment. Briefly stated, the facts of the case as unfolded from the record, are as under.
(3.) P .W. 1 Shree Krishna Garg, son of late Badri Prasad, is uncle of deceased (Jagdish Prasad @ Jagdish Chandra @ Jagdish Babu) who had whole sale business of sugar, Khandsari, flour, food grains, etc. under the name of M/s. 'Badri Prasad Sundar Lal' in Mohalla Bari Mandi, Dhampur (Bijnor). This firm had a branch in the name of 'Garg Brothers'. Besides Shree Krishna Garg, his two nephews Sita Ram and the deceased were also partners. The firm used to sell/supply sugar etc. to the customers of Dhampur, Nagina, Sherkot, Sheohara, Haldaur and Nehtaur on credit. The deceased used to go to Nehtaur to realize money from the consumers every Friday. Smt. Sushila, sister of the deceased, was married to Rakesh Kumar, son of Ram Babu, a resident of Nehtaur. After death of his father -in -law, Shree Krishna Garg maintained his wife's sister Bimla, as his daughter, and provided her education etc. Bimla was married to Ved Prakash, a resident of Shivhara, and both Rakesh Kumar and Ved Prakash behaved like brothers -in -law (Sarhoo).;