KHUSHALI Vs. STATE OF U P

JUDGEMENT

(1.) The criminal appeal arises from judgment of the Sessions Judge, Budaun dated 21.12.1982. The appellant has been convicted and sentenced to imprisonment for life under Section 302/34 IPC and 4 Years' Rigorous Imprisonment under Section 394 IPC.

(2.) We have heard Sri P.N. Misra, learned Senior Advocate for the appellant and Sri Anand Tiwari, learned AGA for the State and have perused the trial court's judgment and record.

(3.) The prosecution case as disclosed is that the FIR was lodged on 22.12.1980 at 2P.M. at Police Station Kotwali, Budaun by the informant Lalta Prasad regarding the incident which had taken place on 21/22.12.1980 at 12:30 A.M. The informant Lalta Prasad accompanied by Riyasat Ali, Bihari Lal and Jawahar Lal were returning after seeing a film to the house of the deceased Hardei. When they knocked at the door, four persons came out who pointed country made pistols towards the witnesses. Two of the miscreants were identified as Khushhali and Ram Bharose in the light of moon and torches . They were tenants of deceased Hardei. When the witnesses entered the house they saw Smt. Hardei, widow of Ram Swaroop tied to her cot. Her neck was tied with a 'dhoti' and her mouth was also muzzled with clothes. Her son Munna Lal's neck was also tied with a 'dhoti' and he was found dead in the adjoining room where "bhoosa" (hay) was kept. The boxes and luggage had been upturned and the 'kothari' was dug up at two places. The golden earing and 'kundal' from the ear and 'Todia' made of silver from the foot of Smt. Hardei which she used to wear were missing.