AKIL AHMAD Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the Appellant Under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter to be referred as Code of Criminal Procedure), is directed against the judgment and order dated 12 -05 -1988 passed by I Addl. Sessions Judge, Nainital in Sessions Trial No. 79 of 1987, whereby the learned! Addl. Sessions Judge has convicted the Appellant under Section 328 of Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him for three years R.I. and fine of Rs. 1,000/ - and in default of payment of fine, six months further rigorous imprisonment was awarded. It was also directed that out of the fine, if realized from the Appellant/accused, a sum of Rs. 500/ - would be paid to the victim Aftab Alam as compensation. By the same judgment and order, the learned I Addl. Sessions Judge has acquitted the accused Smt. Shabri Begum and Km. Sama Begum.

(2.) IN brief, the prosecution case is that P.W. 2 Mehboob Alam lodged a report stating therein that his son P.W.3 Aftab Alam had illicit relations with Mumtaz daughter of Appellant Akil Ahmad. Once they both were seen together by Appellant Akil Ahmad and Smt. Shabri Begum, they threatened Aftab Alam to kill him. On 18 -11 -1985 at about 5:00 P.M., on railway line near the Ziyarat, the Appellant Akil Ahmad and accused Smt. Shabri Begum and Km. Shama Begum (who were acquitted by the trial court) met victim Aftab Alam and they made him to sit near the Ziyarat. They enquired from Aftab Alam as to why he used to have talks with his daughter. When Aftab Alam denied the same, then all the three i.e. Appellant Akil Ahmad and accused Smt. Shabri Begum and Shama Begum forcibly administered some poisonous substance to him due to which Aftab Alam become unconscious. This incident was witnessed by Munna and Amir Hussain (P.W.4) and they came to the complainant and informed him. The complainant and his son Rais Alam went there and they took victim Aftab Alam to Government Hospital Haldwani and he was admitted there. With the same averments, the FIR was lodged on 18 -11 -1985 at 9:30 PM at P.S. Haldwani, Distt. Nainital by Mehboob Alam, that FIR is Ex.Ka.3. On the basis of this report, a Chik FIR was prepared by Constable Clerk Prakash Chandra, i.e. Ex.Ka -1. The entry was also made in the G.D., the carbon copy of G.D. is Ex.Ka -2. The investigation of this case was entrusted to S.I. R.D. Shukla. Victim Aftab Alam was medically examined by P.W.5 Dr. N.P. Agarwal, Medical Officer, Civil Hospital, Haldwani on 18 -11 -1985 at 5:45 P.M. and the medical report was prepared, that medical report is Ex.Ka -4. The doctor considered the history of intake of Tik 20 at about 5:15 P.M., admitted victim Aftab Alam in the hospital and the bed head ticket of victim Aftab Alam was prepared, i.e. Ex.Ka -5. During the course of the investigation, the I.O. inspected the place of occurrence and prepared a site plan i.e. Ex.Ka -6. The I.O. also recorded the statements of the witnesses during the course of investigation and after completing the investigation, the submitted the charge sheet against the Appellant Akil Ahmad and accused Smt. Shabri Begum and Shama Begum in the court on 30 -12 -1985, that charge sheet is Ex.Ka -7.

(3.) ON 13 -07 -1987,1 Addl. Sessions Judge, Nainital framed the charge against the Appellant Akil Ahmad and accused Smt. Shabri Begum and Sama Begum Under Section 328 IPC r/w Section 34 IPC. The charge was read over and explained to them who pleaded not guilty and claimed to be tried.