KAFEEL ALIAS CHAINA Vs. STATE OF U P

JUDGEMENT

(1.) BARKAT Ali Zaidi, J. The accused-appellants have preferred this appeal being aggrieved with the judgment and order dated 14-6-2005 passed by Additional Sessions Judge, Court No. 1 Fatehpur in S. T. No. 339 of 1995, whereby he convicted the accused-appellant Faheem Khan under Section 302, I. P. C. and accused appellant Kafeel alias Chaina under Sections 302/34, I. P. C, for intentionally causing the death of one Miswahuddin and sentenced each of them to undergo life imprisonment and also to pay a fine of Rs. 5,000 each, in default to further undergo a term of one month imprisonment.

(2.) ACCUSED Mola expired before commencement of Trial in the Sessions Court and only remaining two accused faced trial.

(3.) THE investigation of the case was assigned to S. I. Raj Bahadur Pathak, P. W. 7 by P. W. 8 Hari Shanker Dubey, Inspector P. S. Kotwali, in whose presence the case was initially registered under Section 307, I. P. C. , to which the police converted under Section 302, I. P. C. after the death of the injured Miswahuddin and then the investigation of the case was taken over by Inspector Hari Shanker Dubey P. W. 8 himself. S. I. Raj Bahadur Pathak, P. W. 7, after the investigation was assigned to him, copied out the injury report of injured Miswahuddin in the case diary and recorded the statement of Head Moharrir H. N. Ram, who had prepared the chick F. I. R. and the G. D. He went to the spot on 3- 5-1994 and prepared a site plan Ex. Ka-7 and also recorded the statement of injured in District Hospital Fatehpur. He also recorded the statement of other witnesses.