ASIF ALI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Araf Khan, learned counsel appearing for the appellant; Sri Amit Sinha, learned Additional Government Advocate for the State and Sri Satish Trivedi, learned Senior Advocate assisted by Sri Ajay Kumar Pandey, learned counsel appearing for the informant.

(2.) When one Ashraf was killed on 24/9/1997 allegedly at 09:00 AM, a first information report was got lodged on 24/9/1997 by his maternal uncle, Afzal, at Police Station Simbhawali, Gadhmukhteshwar, District - Ghaziabad.

(3.) As per the first information report, the incident had taken place at 09:00 AM and the first information report was lodged at 10:15 AM. Upon the lodging of the first information report, investigation commenced and thereafter the accused persons named in the first information report namely Kamal son of Jamaluddin, Kamil and Khursheed sons of Bhure, Naufeel son of Shakur who allegedly were on a jeep and also Afsar and Asif sons of Manjoor who were made accused in the case and were on a motorcycle surrendered on different dates and they were arrested. When the investigation commenced, there were certain statements, of the eye-witnesses whose names were mentioned in the first information report, recorded under Sec. 161 of the Cr.P.C. Statements of certain witnesses were also recorded under Sec. 164 of Cr.P.C. before the relevant magistrate. During investigation the police on 24/9/1997 itself had recovered four empty cartridges of 315 bore which were found on the spot. The recovery memo was numbered as Exhibit Ka-6. Initially however when all the accused persons were not surrendering then by coercive measures the police had searched them out and arrested them.