STATE OF U.P. Vs. SALIM

JUDGEMENT

(1.) Heard learned A.G.A. and perused the lower court record.

(2.) The instant appeal is directed against the judgment and order dtd. 28/9/2019, passed by the Additional Sessions Judge, Court No. 5, Bulandshahar in Sessions Trial No. 339 of 1996 (State vs. Salim), acquitting the accused respondent, under Ss. 302, 120B IPC, Police Station Sikandrabad, District Bulandshahar.

(3.) The facts and circumstances giving rise to the instant appeal is that on 23/5/1995 at about 10:00 A.M. accused Mohd. Ragib and Irfan came to the shop and quarreled with Muzib Urrehman, uncle of the informant, Irfan Ahmad, over outstanding dues. In the evening at about 7:00 P.M. uncle of the informant and informant after closing the shop, while returning home, were intercepted by Mohd. Ragib, Irfan and Rizwan. Accused Irfan stabbed uncle (Muzib Urrehman) while Rizwan was holding his hand. A report came to be lodged by informant Irfan Ahmad under Sec. 307 IPC at about 19:50 hours. The deceased Muzib Urrehman succumbed to the injury. After investigation, a report (charge sheet) came to be filed under Sec. 302, 120B and 114 IPC. Accused Rakib and Rizwan died during trial in 1999 and 1996 respectively, accordingly, trial abated against them. Accused Irfan on the date of incident was aged about 16 years, consequently, matter was referred to the Juvenile Justice Board on 15/9/1997. Accused Salim was summoned to face the trial. Charge under Sec. 302 read with 120B IPC was framed against him. He denied the charge and sought trial. Accused was not named in the F.I.R., his name surfaced during trial as being conspirator to the crime. The prosecution to prove the charge examined PW-1 Irfan Ahmad, PW-2 Ibrahim, PW-3 Dr. Rajiv Kumar Gupta, PW-4 Dr. S. Kant Sharma, PW-5 Sarfaraz, PW-6 Rais Ahmad, PW-7 Retired Deputy Inspector Trilok Chand and PW-8 Police Inspector Jaswant Singh.