MOHAMMAD YUSUF Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal has been filed on behalf of the appellant against the judgment and order dated 28.9.2006 passed by the Additional Sessions Judge Court No. 8 Kanpur Dehat vide Sessions Trial No. 52 of 2006 under Sections 304 read with Section 34 IPC Police Station Bilhor District Kanpur Nagar (State v. Mohammad Yousuf) whereby the appellant has been convicted end sentenced to undergo ten years rigorous imprisonment with a find of Rs. 5,000/- . In case of default, the appellant had to undergo one year further imprisonment.

(2.) The genesis of the prosecution story in a nut shell is that a First Information Report was; lodged on 9.9.2005 at 9.50 p.m. under Section 307 IPC in respect to the incident happened on 1.9.2005 at 10.30 a.m. by Sri Rishiraj Bhatnagar, Principal Dr. Govind Prasad Rani Devi Patel Degree College G.T. Road Police Station Bilhor District Kanpur Nagar with the allegation that the appellant and his associates had assaulted to Ashutosh Rana a student of B.A.Part-I. On hearing the shriek and alarm of his friend Ashutosh Rana, Amar Deo ran to save him. The appellant and his associates thrashed Amar Dev with lathi and danda as a result of which Amar Dev sustained fatal injuries. The aforesaid First Information Report was lodged on the basis of the application given by the complainant to the Police Station Bilhor District Kanpur Nagar on 7.9.2005 stating therein that on 1.9.2005 at about 9.00 a.m. when all the classes were running smoothly, some altercation took place between the appellant and Amar Dev, a student of B.A. Part-II. The college Administration intervened and pacified the dispute. The classes were again allowed to resume smoothly. At about 10.30 a.m. the appellant called strangers who started beating to Ashutosh Rama, the student of B.A. Part-I who was close associate of Amar Dev. On the alarm and cry of Ashutosh Rana, Amar Dev ran to save his friend. The appellant and his associates began to thrash Amar Dev with lathi and danda as a result of which Amar Dev received serious injuries. The college administration informed the said incident to the police station concern and on the interruption of police personnel, the students were dispersed and the injured Ram Dev was taken to the hospital for first aid. Subsequent thereto, the College Administration taking stock of the situation, decided to lodge the First Information Report against the appellant and his associates. The application was moved for taking action on 9.9.2005 at 9.50 p.m. On the said application the First Information Report was lodged at police station Bilhor District Kanpur Nagar vide Case Crime No. 84 of 2005 under Section 307 IPC. The victim died on 9.9.2005. The inquest of the deceased was prepared on 10.9.2005 at 10.00 a.m. Thereafter the corpus was sent to the mortuary for autopsy. The post-mortem of the deceased was conducted on 10.9.2005 at about 1.15 p.m. at U.H.M.

(3.) Subsequent thereto, the investigating officer proceeded to record the statement of the witnesses. The witnesses had supported the prosecution case. On the basis of the statement of the witnesses, site plan, post-mortem report and other credible evidence in clinching nature, the investigating officer submitted charge-sheet against the appellant alone under Section 302 IPC. The charges were framed under Section 302 IPC to which the appellant adjured his guilt and pleaded to be tried.