IRFAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal has been filed against a judgement and order dtd. 28/11/2017 passed by the learned Sessions Judge, Rampur in ST No. 524 of 2013 arising out of case crime No. 72 of 2013, under Ss. 302, 120B, 506 IPC, police station Bhot, District Rampur whereby the learned Judge convicted and sentenced the appellants as under:

(2.) However, by the same impugned judgement and order, the learned Judge acquitted accused Irfan, Faeem and Saleem under Sec. 506 IPC.

(3.) The facts that formed the bedrock of the present criminal appeal are that a written report was filed by the first informant Mohammad Yusuf, son of Laddan, resident of village Patthar Kheda, police station Bhot, district Rampur at police station Bhot on 9/3/2013 with the allegations that on 7/3/2013, his nephew Mohammad Rafi, aged about 25 years, son of late Mohammad Yunus, resident of village Patthar Kheda, was returning to Patthar Kheda from village Khaudpura by his motorcycle No. UP- 22F/4481 and when he reached near culvert of village Kaudpura at about 07:00 AM, accused Irfan, Mohammad Faeem, son of Saleem and Saleem, son of Shaukat Ali, resident of village Nagla Ganesh, Police Station Azimnagar, district Rampur, who were having animosity from before and had also earlier attacked, on 7/3/2013 with an intention to kill, accused Faeem, in connivance with accused Irfan and Saleem ran over Mohammad Rafi (hereinafter referred to as the deceased) by tractor No. UP-23E/1142, as a result thereof he received fractures in his leg and hand and injuries on his head. The incident was witnessed by Iftekhar Hussain and Arshad Ali, who were going to village Kishanpur by a motorcycle, who informed the first informant. With the help of above persons, the first informant took his nephew to the District Hospital, Rampur, where he died. The first information report further recounts that the first informant was informed by the persons present at the spot that the incident was caused with an intention to kill and the accused persons had also threatened the witnesses of dire consequences.