ABRAR Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 31.07.2012 passed by the learned Additional District and Sessions Judge, Court No.13, Muzaffarnagar, in Sessions Trial No. 1603 of 2007 (State Vs. Abrar), by which the appellant has been convicted and sentenced for an offence under Section 307/34 IPC, for 10 years R.I. and also a fine of Rs. 10,000/- and in default of payment of fine he shall further under go for a period of 3 months additional imprisonment.

(2.) The prosecution case as set up in the FIR is that, informant Jahangir has stated that his Bhanja (herein after referred as 'nephew') namely Nafees is living with him and doing the work of barber. On 11.05.2007 at about 1.00 p.m. in the after-noon accused Abrar had come for shaving, and after shaving when his nephew Nafees demanded the money for shaving, then the co-accused Alijan, who was already sitting at the shop, has caught hold the hands of Nafees and accused Abrar with an intention to kill him had inflicted knife blow on him, who received injuries and was injured. On an alarm raised by his nephew Nafees, many persons of the village including Yameen and Khalil had arrived there who saved him from the accused. Thereafter, they took the injured Nafees to Sagar Nursing Home at Shamli, from there they came to the concerned Police Station, Thanabhawan, where the informant had lodged a FIR against the accused persons.

(3.) The FIR was registered on the same day at 19.30 hours by the informant Jahangir at Police Station, Thanabhawan, which is at a distance of 7 Km. away from the place of occurrence, which was registered as Case Crime No. 295 of 2007, under Section 307 IPC, Police Station Thanabhawan, District Muzaffarnagar.