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1980 Supreme(SC) 83

O.CHHINNAPPA REDDY, R.S.SARKARIA
Maula Bux – Appellant
Versus
State Of Rajasthan – Respondent


R.S. SARKARIA, J.

(1) THE two appellants, Maula Bux and Abdul Rasheed, were tried (aloug with the convict Abdul Hameed) for the murder of one Ramjan. Abdul Hameed was convicted under Section 302, Indian Penal Code, while the appellants were convicted under S. 302 read with S. 34, Indian Penal Code, and each uf them was sentenced to imprisonment for life. The High court, on appeal, has upheld their convictions and sentences.

(2) THE prosecution story was that on 8/06/1978 these three appellants and several other persons were in a religious congregation known as Milad-e-Sharif at the house of Khuda Bux. Roshan Khan, father of the deceased was also present in that congregation. According to the prosecution, Rahim Bux informed Maula Bux that under the influence of drinks, the deceased was abusing and threatening him. The three accused persons followed by Roshan Khan (Public Witness 4) and Khuda Bux (Public Witness 6) proceeded to the place where the deceased was. The appellants, were carrying lathis while Abdul Hameed, who has not been granted leave under Article 136, had a knife. The appellants and Abdul Hameed chased and overtook the deceased. The appellants, it is alle




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