NOOR AHMAD Vs. STATE

JUDGEMENT

(1.) BOTH these appeals are directed against the judgment and order dated 7.8.2000, passed by 3rd Additional Sessions Judge, Haridwar, in Session Trial No. 455 of 1993, whereby said court has convicted the Appellants Noor Ahmad, Rifaqat and Shamsher under Section 302 of Indian Penal Code, 1860 (for short, IPC), and directed each one of them to imprisonment for life. Each one of the convicts has further been directed to pay fine of Rs. 1,000/ -, in default of payment of which, the defaulter convict is required to undergo further three months' imprisonment.

(2.) HEARD learned Counsel for the Appellants, learned Amicus Curiae and learned Counsel for the State, and perused the lower court record.

(3.) THE Magistrate, on receipt of the charge -sheet, after giving necessary copies to the accused, as required under Section 207 of Cr.P.C., appears to have committed to the court of Sessions for trial. Learned 3rd Additional Sessions Judge, Haridwar, on 1.5.1995, after hearing the parties, framed charge of offence punishable under Section 302 IPC, against all the three accused, namely, Noor Ahmad, Rifaqat and Shamsher. They pleaded not guilty, and claimed to be tried. On this, prosecution got examined P.W. 1 Saleem (complainant), P.W. 2 Jameel (eye -witness and brother of deceased), P.W. 3 Niyadar (eye -witness), P.W. 4 Dr. T.C. Parmar (who conducted post -mortem examination), P.W. 5 Inspector Bijendra Singh (in whose presence, the crime was registered, and who also inspected the spot, and got prepared Inquest Report), P.W. 6 Sub -Inspector R.P. Mishra (who investigated the crime) and P.W. 7 Constable Meharban Ali (who took the dead body in a sealed condition for post -mortem examination). Oral and documentary evidence were put to the accused under Section 313 Cr.P.C., in reply to which, they alleged the same to be false. They pleaded that they have been falsely implicated due to enmity. They also pleaded that eye -witnesses are relatives of complainant. However, no evidence in defence was adduced. The trial court (3rd Additional Sessions Judge, Haridwar), after hearing the parties, found all the three accused, namely, Noor Ahmad, Rifaqat and Shamsher guilty of charge of offence punishable under Section 302 IPC. After hearing on sentence, each one of the convicts was sentenced to imprisonment for life, and directed to pay fine of Rs. 1,000/ -. Aggrieved by said order, these two appeals were filed by the convicts, before the Allahabad High Court, from where the same are received under Section 35 of the U.P. Reorganisation Act, 2000, for their disposal.