NAUSHAD Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal filed by accused-appellant, is directed against the judgment and orders dated 15th July, 2011 passed by Sri Ghanshyam Pathak, Additional Sessions Judge, Court No.8, Muzaffarnagar in Sessions Trial No.1671 of 2008 (State Vs. Naushad and another) whereby the appellant was convicted under sections 307 IPC and 25 Arms Act and sentenced to undergo rigorous imprisonment of ten years' and to pay fine of Rs.10,000/-, to undergo rigorous imprisonment of one year and to pay fine of Rs.1,000/- respectively. In default of payment of fine, on the first count, he was awarded six months' rigorous imprisonment and on second count, 15 days' rigorous imprisonment. Both the sentences were directed to run concurrently.

(2.) Heard Sri Jagdish Prasad Mishra, learned counsel for the appellant and Sri Raj Bahadur, learned AGA for the State-respondent and perused the record.

(3.) In support of the appeal, learned counsel for the appellant has submitted that witnesses are related, no independent witness was examined, FIR was delayed without any explanation, in omission of investigating officer to take samples of blood stained and simple earth and further contradictions in the statements of eye witnesses making the prosecution story doubtful and the learned trial Judge without taking into consideration the aforesaid facts has committed grave error in appreciating the evidence and recorded erroneous findings which resulted in conviction and punishment of the appellant. For the reasons, stated above, has submitted that the impugned judgment is against material available on record, it deserves to be set aside.