ANIS Vs. STATE OF U P

JUDGEMENT

(1.) Accused appellant-Anis has preferred this criminal appeal challenging the judgment and order dated 25.5.1995 passed by VIIth Addl. Sessions Judge, Muaffarnagar in S.T. No. 422 of 1993, State Vs. Anis, by which he has been convicted and sentenced to life imprisonment under section 302, 307 IPC.

(2.) We have heard Sri K.K. Singh, Amicus Curiae for the appellant and learned A.G.A. and perused the record.

(3.) Briefly stated the prosecution story is that on 20.8.1993 Alimuddin submitted a report at police station Khatauli, district Muzaffarnagar stating that at about 2.30 P.M. while he was taking medicines from the clinic of his brother-in-law (Saroo) Hakim Akhlaq, accused Anis son of Najir with an adze in his hand had come there after having attacked and injuring Haji Saddiq; that entering the shop he started abusing saying that today I have done away Haji Saddiq and since you were also involved in the Panchayat as Sarpanch and ordered for removal of his Gumti (Khokha), gave blows on the head of Hakim Aklaq saying that he will not leave him alive today; that on the hue and cry raised, Kallu, Shamshuddin, Rayees Ahamd and many other persons as well as contable Sunil Kumar and Homeguard Sukhbir came there and challenged Anis who tried to escape but was caught on the spot ; injured Haji Saddiq and Hakim Akhlaq have been taken to Meerut by their family members for treatment whereas complainant has come to lodge the FIR.