LAWS(SC)-2022-6-39

SAUD FAISAL Vs. STATE OF UTTAR PRADESH

Decided On June 21, 2022
Saud Faisal Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) The petitioner before this Court had challenged the order dtd. 28/10/2021 which has been passed in Sessions Trial No.538 of 2013 before the High Court whereupon the impugned judgment and order was passed. By the said order (order dtd. 28/10/2021) an application, moved by the accused/petitioner before this Court, under Sec. 311 of the Cr.P.C., has been dismissed.

(2.) The petitioner who is one of the accused/petitioner facing the aforesaid trial inter alia for an offence related to Sec. 302 Indian Penal Code.

(3.) On 11/8/2014 prosecution witness no.1-Nausad gave a statement in his examination-in-chief stated that he had clearly identified the petitioner/accused Saud Faisal as one of the assailants who was carrying a rifle. This particular witness (that is PW1) was also put to a lengthy cross-examination but it could not contradict his testimony.