SADDIQUE Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred by the appellant u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 2.9.2000 passed by Special Judge (C.B.I.)/Additional Sessions Judge, Nainital in Sessions Trial No.271 of 1997, State Vs. Saddique, whereby the learned Special Judge (C.B.I.)/Additional Sessions Judge convicted the appellant/accused under Section 307 of The Indian Penal Code, 1860 (hereinafter to be referred as the IPC) and sentenced him to undergo rigorous imprisonment for period of ten years with a fine of Rs.2,000/- and in default of payment of fine, one month's imprisonment was further awarded.

(2.) Heard learned counsel for the parties and perused the entire material available on record.

(3.) In brief, the prosecution story is that Suresh Chandra lodged a report in Police Station Jaspur stating therein that on 31.3.1997 at about 3 PM he along with his brother Mahesh Chandra had gone to take Rs.1450/- from the appellant/accused Saddique, who used to make body parts of bus and truck. His brother had worked with the appellant/accused for 32 days. Some payment was given to his brother and Rs.1450/- was left to be paid. The appellant/accused had promised to give the said amount to them today. When they asked for the money, the appellant/accused hurled abuses to them and thereafter stabbed knife on the stomach of his brother. He brought his brother in the police station by rikshaw. He further stated that the said incident has been witnessed by so many people. With the same averments, First Information Report was lodged by PW2 Suresh Chandra at Police Station Jaspur on the same day i.e. 31.3.1997 at 03:25 PM. The FIR is Ext.ka-1. On the basis of this FIR, Chik FIR of the case was prepared by Head Mohirror Bijendra Singh, i.e. Ext.Ka-5. Necessary entries were also made by him in the G.D., carbon copy of which is Ext.Ka-6. The investigation of the case was entrusted to Sub Inspector Mohd. Haneef (PW5). Injured Mahesh Chandra was got medically examined on the same day at 4 PM by PW3 Dr. G.S. Joshi, who after the medical examination, prepared the injury report Ext.Ka-3. Operation of the injured was also conducted and after the operation, supplementary report of the injured was prepared by PW4 Dr. Ashok Kumar Gupta, i.e. Ext.Ka- 4.During the course of investigation, the I.O. recorded the statement of the witnesses, took the blood stained clothes viz. shirt and undershirt of the injured into his possession vide Fard Ext.Ka-2 and prepared the site- plan Ext.Ka-7 of the place of occurrence and after completing the investigation, he filed the charge sheet against the appellant/accused. That charge sheet is Ext.Ka-8.