AMIR AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Vikrant Gupta, learned counsel for the appellant and Sri Acharya Rajesh Tripathi, learned AGA for the State.

(2.) This criminal appeal was filed on behalf of the appellant with a prayer to allow the appeal and acquit the appellant by setting aside the judgment and order of conviction dtd. 15/96/1982 passed by IVth Additional Sessions Judge, Rampur in Sessions Trial No. 18 of 1982 (State vs. Amir Ahmed) whereby the appellant was convicted under Ss. 307 IPC and sentenced him to undergo three months RI and fine of Rs.500.00 and in default of payment of fine six months further R.I.

(3.) Bachhan Khan (P.W.1) r/o Mohalla Niyariyan, Police Station Kotwali, Rampur submitted written report (Ex.Ka-1) stating that his brother, Haseen Uddin (P.W.2), was employed at the saw machine (Aara Machine) of one Head Saheb, situated on Jail Road, Rampur. On the evening of 13/3/1981, Haseen Uddin was returning home on his bicycle from the said saw machine. At about 8:00 p.m., when he reached Topkhana Road near the hotel of one Ahmed Khan, the accused, Amir Ahmed, came from the opposite direction, i.e., from Delhi Darwaza, on his bicycle and collided with the bicycle of Haseen Uddin. Thereafter, the accused started abusing Haseen Uddin. When Haseen Uddin objected, the accused, Amir Ahmed alias Thakur, threatened to finish him. The accused then took out a knife and inflicted a knife blow on the neck of Haseen Uddin, as a result of which he fell down on the ground. At that time, Bachhan Khan (P.W.1), Nazakat Khan (P.W.4), Mohd. Ahmed (P.W.3), and one or two other persons were present at Ahmed Khan's hotel and were having tea. On hearing the commotion, they rushed to the spot to save Haseen Uddin. The accused, Amir Ahmed alias Thakur, then fled away on his bicycle towards Mohalla Chiran. There was sufficient electric light at the place of occurrence.