ANIS Vs. STATE

JUDGEMENT

(1.) APPELLANT Anis has been convicted under Section 302, I.P.C. and sentenced to life imprisonment by the Court of Sessions Judge, Muzaffarnagar in S. T. No. 254 of 1979. APPELLANT Anis is resident of Kandhla Town, P. S. Kandhla, Distt. Muzaffarnagar. Charge under Section 302, I.P.C. simplicities was framed against him for committing murder intentionally and knowingly causing the death of Km. Kela on 28.7.79 at 11.30 a.m. in gali near Ramlila Mandap in Town of Kandhla P. S. Kandhla. The appellant pleaded not guilty and was tried by the court below.

(2.) F.I.R. dated 28.4.79 was lodged at P. S. Kandhla at 1.30 p.m. by Dhannu Prasad. It was stated in the F.I.R. that the informant's daughter Kela at 8 O'clock in the morning had come to work in the town. After finishing work at 11.15 a.m., she had gone to bring breads. At about 11.30 a.m., when she had reached Ramlila Mandap in the lane, appellant Anis s/o Nisar who had taken the flour mill of Masood on contract, started teasing her. Kela gave out that she would beat him chappal if he tried to misbehave with her. The appellant stopped her and tried to take her in his grip. Kela resisted and abused him. The appellant Anis attacked on her with a knife. On the shrieks raised, Raj Kumar Sharma, Sanwaria, Sewat, Lilaram and other persons came from nearby places. On seeing the witnesses, appellant Anis left Kela and ran away. The witnesses chased him but could not apprehend him. The informant took Kela to the hospital where the Doctor declared her to be dead.

(3.) FORMAL witnesses were also examined to prove the link evidence about sealing of the dead body in cloth and taking the dead body to the Doctor for postmortem examination. The prosecution examined three-eye-witnesses namely P.W. 2 Raj Kumar Sharma, P.W. 3 Lila Ram and P.W. 4 Samaria, besides formal witnesses.