RAFIQUE ALIAS RAUF Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been preferred by the accused -appellants against the judgment and order dated 18.9.2006 passed by Shri Brijesh Kumar, the then II Addl. Sessions Judge, Kannuaj in Sessions Trial No. 35 of 1998, by which the appel ­lants have been convicted for the offence punishable under section 302 read with section 149 IPC and sentenced to undergo life imprisonment. They have further been convicted under section 307 read with 149 IPC, 452,148 and 147 IPC and sentenced to undergo R.I. for 5 years, 1 year, 6 month and 3 months respectively.

(2.) THE facts giving rise to this case are as under : -

(3.) IN support of its case, the prose ­cution has examined PW -1 Shamshuddin, PW -2 Smt. Zabira, PW -3 Smt. Shahnaz as witnesses of fact. PW -4 Dr. Irfan Ahmad had examined the injuries of Shahnaz, Za ­hiruddin and Zabir. He has proved the in ­juries report Ext. Ka -2, Ext. Ka -3 and Ext. Ka -4. PW -5 Dr. P.V.S. Chauhan, who had performed the autopsy of the dead body of Zahiruddin, has proved the post -mortem report Ext. Ka -5, PW -6 is Sub -Inspector, V.P. Singh, who had investigated the case and has proved the police papers. PW -7 is Dr. Sateyendra Kumar, who had made X -ray of the injuries of Smt. Zabira and Smt. Shahnaz and has proved X -ray report Ext. Ka -10 and Ext. Ka -11. He has also proved the X -ray plates. PW -8 is Sub -Inspector R.P. Saroj, who had completed the investigation after it was converted under section 302 IPC. He has also proved the charge -sheet Ext. Ka -12. PW -9 is Mohd. Hafiz Khan, who had prepared the chik and made entry in the G.D. regarding registration of the case on the basis of the report Ext. Ka -1.