RAMZAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THESE criminal appeals arise out against the judgment and order dated 03-12-2002 passed by Sessions Judge, Haridwar in S.T. Suit No. 319 of 1999 State Vs. Ramzan and oth­ers under Section 302/34 I.PC. by which the appellant Ramzan was con­victed under Section 302 I.PC. and awarded life imprisonment and a fine of Rs. 3,000/- and in default of pay­ment of fine further imprisonment for 6 months. The trial court vide the same judgment and order acquitted the accused Nanu and Dhani.

(2.) BRIEF facts of the prosecution case are that on 14-01-99 when Sukha S/o Shri Rahamtulla was go­ing along with the deceased Shaheed on a buffalo cart enters near Mirzapur square, the accused persons namely Ramzaan, Nanu and Dhani S/o Shri Mangta appeared at the place of the occurrence and asked the complain­ant Sukha and his companion Shaheed to stop. Complainant asked the reason to the accused persons but they pushed him aside and accused, namely, Nanu and Dhani (Non-Ap­pellant) caught hold Shaheed. There­after accused Ramzan fired at Shaheed with a country made pistol. On raising alarm by the complainant the accused persons made their es­cape good. This occurrence was wit­nessed by Manjur Hasan and Naseem.

(3.) THE First Information Report of the aforesaid incident was lodged by Sukha on 14-01-99 at 9:30 PM at Police Station, Manglore.