TUFAIL AHMAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of this appeal, the appellant Tufail Ahmad has challenged the judgment and order dated 20.5.2009/25.5.2009, passed by the Sessions Judge, Champawat in Sessions Trial No. 17/2005, whereby the appellant has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life along with fine of Rs. 25,000/-. However, the appellant has been acquitted for the offence punishable under Section 201 IPC.

(2.) Prosecution story, in brief, is that Surendra Pal (PW1) lodged an FIR on 23.7.2005 at 9.25 PM with the averments that he was the Coordinator of the Rickshaw Tanga Union. He used to allot the number to the horse carts which were being plied daily. As usual, in the evening of 23.7.2005, near the Poornagiri Temple situated in front of the mosque, he was noting the numbers given to the horse-carts, which were to be plied on the next day, in his diary. At about 9.15 O'clock in the night, he heard noise of shouting coming from the road, near the bus stand, which goes to the mosque. On hearing the noise, the complainant immediately went there, where he saw that the accused appellant Tufail Ahmad, who is known to him since before, assaulted Sonu by knife with intention to kill him and made him severely injured, and fled away thereafter along with the knife.

(3.) After the registration of the aforesaid crime, the criminal justice machinery came into motion.