C.A.VAIDIALINGAM, J.M.SHELAT, V.BHARGAVA
Tufail (Alias) Simmi – Appellant
Versus
State Of U. P. – Respondent
Judgment
VAIDIALINGAM, J.-In this appeal, by special leave, the appellant challenges his conviction and sentence imposed upon him for offences under Sections 302, 201, read with Sections 34 and 394, I.P.C. For the offence of murder under Section 302 he has been sentenced to death and for the offences under Sections 201 and 394 he has been sentenced to undergo rigorous imprisonment for 7 years and 10 years respectively and the sentences have been directed to run concurrently. The appellant s conviction for all these offences have been confirmed by the High Court of Allahabad, by its judgment dated November 13, 1967.
2. The prosecution case, in brief, was as follows. The appellant, who was well known to and was friendly with one Kalawati, an old woman of about 70 years of age, had called on her on the morning of September 19, 1966 and asked her to come to his Gher in the evening to take some maize which he had got ready for her. Kalawati went to the Gher of the appellant at about 4 p. m., the same day. The appellant, with the assistance of another person Kripal (since deceased) killed Kalawati by strangling her and removed from her body gold and silver ornaments which she was wearing.
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