AHSAN Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal has been filed against judgment dated 11.12.2007 passed by Additional Sessions Judge, Court No. 10, Muzaffarnagar in ST No. 746 of 2005, State v. Ahsan, Crime No. 316 of 2004 under section 452, 307/34, 504 and 316/34 IPC, police station Shamli, district Muzaffarnagar by which the accused Ahsan was convicted for aforesaid offences.

(2.) THE brief facts of the case is that on 8.10.2004 at about 7.30 pm, Manshad, Kamil and Ahsan had trespassed in the house of Naseem with intention to murder the occupants of house. After hearing the noise and shouting the complainant Iliyas (PW -1) reached there in the house of complainant where he saw that three accused had started firing. Manshad fired from his country made pistol and his fire hit Iftekhar; the fire of country made pistol of Kamil hit in the belly of Rukhsana, who was pregnant; and shot fired by Ahsan appellant) hit in the head of Sahjad (PW -2). This incident was witnessed by Khursheed, Shamshad and Ikram. Then complainant Iliyas reported the matter in police station Shamli at about 8.45 pm. On the basis of his report case crime No. 313 of 2004 under section 452, 307/34, 504 and 316/34 IPC was registered.

(3.) IN this Sessions Trial the prosecution side has examined PW -1 Mohd. Iliyas the complainant, PW -2 Sahjad (injured), PW -3 Dr. Anmol Tayal, and PW -4 Dr. Arjun Singh Vohra, PW -5 Istekhar (injured), PW -6 Rukhsana (injured), PW -7 S.I. Vijendra Singh (I.O.). These witnesses have proved documentary evidences of prosecution side Exhibit Ka -1 to Exhibit Ka -20.