IQBAL Vs. STATE OF OF UP

JUDGEMENT

(1.) PRESENT appeal has been preferred by accused appellant against the judgment and order dated 09.02.2000 passed by IIIrd Additional Sessions Judge, Nainital in Sessions Trial No.119 of 1996 whereby the accused appellant was convicted by the trial court for the offences punishable under section 307 read with Section 34 of the Indian Penal Code ( in short IPC) and was sentenced to undergo rigorous imprisonment for seven years and a fine of Rs. 2000/-. In default of payment of fine, he has further been ordered to undergo rigorous imprisonment for six months.

(2.) THE basic facts of the matter are that Mohd. Javed (PW 1) submitted a written report (Ex.Ka-1) to S.H.O., Police Station, Haldwani on 23.03.1995 and on the basis of which chick F.I.R. was recorded at about 09.30 p.m. According to the complainant, on 23.03.1995 at about 06.00 p.m. he was returning from the market, when accused Iqbal contacted him and asked him not to fly kites on his roof. Javed told him that he was flying the kites from his own roof, so he should have no objection. On this, Iqbal gave two-three slaps to Javed and told him to run away otherwise he will kill him. Javed came back home and disclosed all the facts to his sister and brother-in-law Ilias @ Guddu. THEreafter his brother-in-law Mohd. Ilias alongwith Vasim and Mohd. Sarif went to Iqbal and enquired that as to why he beat Javed. However, Iqbal gave caused injuries to Ilias with the rod due to which Ilias fell down and while he was lying down, Iqbal caused several knife injuries on the person of Ilias and ran away. This occurrence has taken place at about 07.00 p.m.

(3.) THE accused when examined under section 313 Cr.P.C., denied all the incriminating evidence put to him by the prosecution and pleaded innocence and false implication. In defence, accused produced DW1 Mohd. Wasi.