NAFEES Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The appellants have challenged the legality of the judgment dtd. 7/2/2013, passed by the II Additional District and Sessions Judge, Haridwar, District Haridwar, whereby the learned Trial Court has convicted and sentenced the appellants for offences as under:-

(2.) Briefly the facts of the case are that, on 15/8/1996, Mohd. Afzal (P.W.2) lodged a written report before the Station House Officer, Gangnahar, Roorkee, District Haridwar, wherein he claimed that "a person belonging to his community, Mohf. Akram, was coming back home around 7 : 45 PM, after having closed his shop at Roorkee. He was coming back to his village Safarpur. After he crossed Salempur, near the field of Vedpal, few unknown persons shot him dead. Mohd. Abbas (P.W.1) and Irshad (P.W.8) were coming on another scooter. Both these persons saw the assailants with the help of the light of their scooter. They can recognize the assailants if the assailants were shown to them. The incident has occurred at around 8 : 00 PM. These two persons came and informed him about the incident. Therefore, I have come to inform the police".

(3.) On the basis of this written report (Ex. Ka.1), a formal FIR, namely, FIR No. 138/96, (Ex. Ka.2) was chalked out for offences under Sec. 302 IPC, and the investigation commenced. During the course of investigation, not only the appellants, Nafees and Saleem, but also the other accused persons, namely, Islam, Saleem @Raja, Avval @Munavar, and Abid were arrested by the police. By order dtd. 26/8/2000, while Nafees and Saleem, S/o Sadiq, Islam and Saleem @Raja, were charged for offences under Ss. 148, 302 read with Sec. 149 IPC, 120-B IPC, the accused Abid was charged for offence under Sec. 302 read 120-B IPC. During the course of trial, Saleem @Raja died. Therefore, the trial abated against him. By order dtd. 7/5/2008, the trial of Islam was separated from the trial of Nafees, Saleem and Abid.