STATE OF UTTARANCHAL Vs. NASIR AND ANOTHER

JUDGEMENT

(1.) Informant Furkan lodged a report on 01.02.1995, in PS Sahaspur, District Dehradun, against Nasir and Kamil (respondents), which was registered as case crime no. 17 of 1995, in respect of offence punishable under Section 307 IPC. After the investigation, a charge sheet in respect of the selfsame offence 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 offence punishable under Section 307 IPC read with Section 34 IPC against Nasir and charge for the offence punishable under Section 307 IPC against Kamil were framed, to which they pleaded not guilty and claimed trial.

(2.) PW 1 Gulfam, PW 2 Dr. Ajay Kumar Sharma, PW 3 Furkan, PW 4 Ali Jan and PW 5 M.S.Tomar were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons, in which they said that they were falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, accused persons were acquitted of the charges framed against them, vide judgment and order dated 23.11.2000. Aggrieved against the impugned judgment and order dated 23.11.2000, present Government Appeal was preferred.

(3.) PW 1 Gulfam was the scribe, who wrote the complaint (Ext. Ka-1) on the dictation of informant Furkan. In the cross-examination, he said that he wrote a complaint in the hospital.