STATE Vs. FAIYAZ AND OTHERS

JUDGEMENT

(1.) Pw1 Mahboob lodged a first information report against the accused Faiyaz, Munsab, Ishtiyak and Hasmat on 20.01.1996 at 8.30 p.m. in Police Station-Jwalapur, Haridwar, for the offences punishable under Sections 307, 308 and 506 I.P.C., which was registered as Case Crime No. 26 of 1996.

(2.) After the investigation, a charge sheet under Sections 307/506 of I.P.C. was filed against the accused persons. The case was committed to the Court of Sessions. When the trial began and prosecution opened it s case, charge for the offences punishable under Sections 307/506 of IPC, were framed against the accused-respondents, who pleaded not guilty and claimed trial.

(3.) Pw1 Mahboob (informant), PW2 Sharafat (injured), PW3 Asgar (eye witness), PW4 Dr. R.K. Pandey (radiologist), PW5 C.P. Vinod Kumar Tyagi, were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons in statement under Section 313 Cr.P.C., in which they said that they were falsely implicated in the case. Munsab said that the witnesses killed his two brothers. Those witnesses were convicted and sentenced to imprisonment for life. Therefore, in order to pressurize them (accused persons), present first information report was lodged against them. No evidence was given in defence.