The present appeal has been filed impugning the judgment dated 31.8.2007 of the High Court of Judicature at Allahabad in Criminal Appeal
No 2003/1982 vide which the conviction and sentence of Malkhan, Kallu and Mata Din was upheld.
At around noon, Malkhan, Kallu and Mata Din, accused persons, came there armed with axe and sickle and started cutting crops.
He further submitted that in a dispute related to a case of theft in which PW-2’s brother, Jogeshwar, was involved, Malkhan had appeared as a witness against Jogeshwar. In the presence of PW-1, son of the deceased, Malkhan had given an axe blow on the neck of deceased Durga and severed head was thrown by them away from the body.
Also Read: https://newslaw.in/case-type/criminal/legal-analysis-of-judgement-on-discharge-in-a-murder-case/
It has come in evidence that he was living with the deceased whereas the accused party had a grudge that they had been deprived of their share in the property.
Reference was sought to be made of a case of theft against Jogeshwar, who is the brother of Phula, PW-2.
In her cross-examination, PW-2 was put a question that the accused Malkhan had testified against her brother Jogeshwar.
Also Read: https://newslaw.in/case-type/criminal/protection-of-public-servants-in-criminal-proceedings/
The appeal is accordingly dismissed.
Case Title: KALLU Vs. THE STATE OF UTTAR PRADESH (2023 INSC 534)
Case Number: Crl.A. No.-001446-001446 / 2014
