ANIS Vs. STATE OF UP

JUDGEMENT

(1.) HEARD Sri P.N. Misra, learned Senior Counsel assisted by Sri Rahul Misra, learned counsel for the appellant, Miss Usha Kiran, learned AGA for the State and perused the evidence on record.

(2.) CHALLENGE in this criminal appeal is to the judgment and order dated 31.5.1982 passed by II Additional Sessions Judge, Muzaffarnagar, in Session Trial No.538 of 1981, State of U.P. Vs. Anis under Section 302 read with Section 34 IPC arising out of Crime No.1148 of 1981, Police Station Kotwali, District Muzaffarnagar whereby the appellant Anis has been convicted under Section 302 read with Section 34 IPC for committing murder of Ram Kumar, aged about 40 years, son of Fateh Chand PW-2, resident of District Muzaffarnagar by making fires from revolver along with his real brother co-accused Nafis on 14.10.1981 at 1:00 p.m. when the deceased Ram Kumar was going along with Pooran Singh PW-3 on the rickshaw which was being pulled by Shobha Ram PW-4, and was sentenced to undergo imprisonment for life.

(3.) AFTER submission of the charge sheet against the appellant Anis in the Court of the Chief Judicial Magistrate, Muzaffarnagar, the case was committed to the Court of Session for trial which was registered as Session Trial No.538 of 1981. Thereafter the trial proceeded in the Court of Session.