R.BANUMATHI, INDIRA BANERJEE
Kamil – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
R. Banumathi, J.
This appeal arises out of the judgment dated 28.07.2014 passed by the High Court of Allahabad in Criminal Appeal No.1047 of 1989 in and by which the High Court has dismissed the appeal filed by the appellant thereby affirming his conviction under Section 302 IPC and for other offences and sentence of life imprisonment imposed upon him passed by the trial court.
2. Brief facts of the case are that on 03.01.1986 at about 09.00 AM, complainant-Baboo Khan (PW-3) who is the maternal uncle of deceased Akhlaq was informed by his father that his sister’s daughter Parveen had gone to fetch water from the tank where accused Rashid (A1) and Adil (A3) had misbehaved with her. However, no further action was taken by them to save their reputation. On the same day, at around 04.00 PM, when complainant/PW-3 along with his nephew deceased Akhlaq and Aadil Hussain (PW-2) were going towards his shop, they saw accused Rashid armed with knife, Nasir (A2) armed with hockey, accused Adil and appellant-Kamil (A4) armed with danda in their hands coming towards them and surround
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