AFTAB Vs. STATE

JUDGEMENT

(1.) Heard learned Amicus Curiae Mr. Pawan Singh Pundir for the appellant, learned AGA for the State and also perused the record.

(2.) This appeal has arisen from the judgement and order dtd. 28/4/2009 passed by learned Sessions Judge, Meerut in S.T. No.307 of 2009, State of U.P. v. Aftab, (Case Crime No.378 of 2008) under Sec. 302 I.P.C., Police Station Delhi Gate, District Meerut. The learned Sessions Judge convicted the accused for life imprisonment for commission of offence under Sec. 302 Indian Penal Code (IPC) and with fine of Rs.10,000.00. In default of payment of fine, the accused shall undergo rigorous imprisonment for 6 months.

(3.) The brief facts as per prosecution case are that the complaint/FIR was lodged by Aas Mohammad (PW-2), brother of the accused and grand-son of the deceased declares that on 8/1/2008 at about 10.15 p.m. Aftab and his grand father were having altercatiion and then the accused cut the neck of Ramjan by Knife (Chhuri). He witnessed the occurrence. His brother Chand, his children and tenants were also present there. He and Chand tried to chase Aftab but he ran away from the spot. He took his grand-father in an injured condition to the District Hospital where his grand-father Ramjan was declared dead.