FAIYAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 24.3.2014 passed by Sri Hriday Sagar, the then Additional Sessions Judge/Fast Track Court No.1, Moradabad in ST No.948 of 2000, State vs. Faiyaz, under Section 302 IPC, P.S. Chandausi, District Moradabad, whereby the accused appellant Faiyaz was convicted under Section 302 IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs.5000/- and in default of payment of fine, he was directed to undergo further imprisonment for one year.

(2.) The prosecution case, in brief, is that one Saleem lodged a written report in P.S. Chandausi of District Moradabad on 26.4.2000 at 4.05 p.m. to the effect that his Janta Band Shop is in front of S.M. College. On 26.4.2000 at 3.30 p.m. he was going to the shop of Prakash Band for the payment of the Barat. On the way, he was talking with one Yusuf. The accused appellant Faiyaz having Chhuri in his hands came there and he assaulted him with Chhuri to kill him. He cried for help. Whereupon, witnesses Yusuf and Irshad and many other persons rushed to the spot who saw the incident with their own eyes and saved him. The deceased sustained serious injuries. The written report is Ext.Ka.1.

(3.) On the basis of the above written report, Head Moharrir Sri Bhagwan Singh prepared the Chick FIR which is Ext.Ka.2 and made an entry in the G.D. regarding the registration of the case under Section 307 IPC at Crime No.173/2000.