IMRAN ARFEEN Vs. STATE OF UP

JUDGEMENT

(1.) The instant appeal arises from a judgment and order dated 28.11.2008, passed by the Additional Sessions Judge, Court No. 3, Varanasi in Session Trial No. 245 of 2005, State v. Imran Afreen. The conviction of the Appellant is under Section 302, I.P.C. and he is sentenced to life imprisonment and fine of Rs. 50,000. In default of payment of fine, a further imprisonment of one year. Learned Sessions Judge directed that injured shall be paid Rs. 40,000 from the amount deposited as fine.

(2.) The occurrence is alleged to have taken place on 1.1.2005 at 9.00 p.m. in front of Hotel Shalimar. F.I.R. was registered on the same day at 11.05 p.m. at police station Cantt. Varanasi by Himanshu Mohan Rai alias Munna, brother of deceased Lalit Rai. The distance of police station from the place of occurrence is reported to be one kilometre north east.

(3.) The prosecution has examined seven witnesses in support of its case. Himanshu Mohan Rai alias Munna first informant was examined as P.W. 1 who is brother of the deceased and proprietor of Hotel Shalimar, Cantt. Varanasi. Chandra Shekhar Rai as P.W. 2 who is also eye-witness. Dr. M. P. Mishra as P.W. 3 who performed autopsy on the body of the deceased. Constable Ram Klshore Sharma P.W. 4 who proved chik F.I.R. registered at Case Crime No. 1 of 2005. Sri Niwas Pandey second Investigating Officer who had taken over investigation on 2.1.2005 at 12.10 p.m. and registered the case under Section 304, I.P.C. as P.W. 5 and D.P. Shukla first Investigating Officer as P.W. 6 who had taken over investigation while he was on patrolling duty and not present at the police station. He received information about the incident on his R.T. Set. R. I. Singh P.W. 7 is third Investigating Officer. He had taken over investigation on 9.1.2005 and submitted charge-sheet under Section 302/34, I.P.C. on 8.2.2005.