SURESH Vs. STATE OF U P

JUDGEMENT

(1.) U. S. Tripathi, J. The condemned prisoner Suresh has preferred this appeal against judgment and order dated 30-5-2002 passed by Sri J. P. Gupta, the learned Sessions Judge, Aligarh in Sessions Trial No. 393 of 2002 convicting the appellant under Section 302 IPC and sentencing him to extreme penalty of death. The Sessions Judge has also made a reference for confirmation of death sentence. The prosecution story, briefly stated, is under.

(2.) APPELLANT Suresh was resident of village Rayatpur, Bahadurpur, P. S. Iglas, District Aligarh. Sayeed (35) deceased was also resident of said village. Smt. Sabira (PW 1) was wife of Sayeed. Mobin (10) deceased was son of Sayeed and Smt. Sabira (PW 1) Sayeed deceased along with his wife Smt. Sabira (PW 1) and sons Mobin deceased and Yamin was residing in Mohalla Mahfooz Nagar, P. S. Delhi Gate, District Aligarh and was earning his livelihood by running a Buggi (cart driven by horse ).

(3.) SMT. Sabira (PW 1) got prepared report of the occurrence Ext. Ka 1 from one Arif and send the same through Zafaruddin to Police Station, Delhi Gate. On the basis of report (Ext. Ka 1) Constable Clerk Virendra Singh (PW 5) prepared chick report (Ext. Ka 4) at 4. 15 a. m. and made an endorsement of the same at G. D. report (Ext Ka-5) and registered a case under Section 302/307 IPC against the appellant.