MOHD. AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been filed by Mohd. Ahmad son of Sekh Jalil, resident of Mohalla Rampur, P.S. Fire 20 Coz, District Arhariya, Bihar at present resident of Care Mustaquc Ahmad 12 Ft. Road, Mohalla Shyam Nagar, P.S. Lisari Gate, District. Meerut against the judgment and order dated 29.6.2006 passed by Sri R.C. Mishra Addl. Sessions Judge, Court No. 7, Meerut in S.T. No. 308 of 2004 whereby he has been found guilty and convicted under Sec. 304 Part(II) Penal Code and has been senteneed to undergo rigorous imprisonment for five years.

(2.) Heard Sri S.S. Shah, learned Counsel for the appellant, Sri S.L. Kesharwani, learned Counsel for the State and perused the trial Court record.

(3.) Brief facts of the case as unfolded in the first information report Ex-Ka-1 lodged by Smt. Shahnaz are that she was married about live years prior to the incident with the accused, appellant Mohd. Ahmad. She also gave birth to a son named Azam who was about two years old at the time of the incident. Accused used to beat his son often. On 1.2.2004 in the morning at about 10 a.m. informant asked her husband for purchasing some clothes for the son on the occasion of Id festival but it annoyed the accused and he threw him on the ground as a result of which he received injuries. He was taken to private doctor who gave some medicines but same day in the night at about 11 p.m. her son died. She gave information to her father and thereafter getting the report: scribed by Sharif Khan lodged the same at P.S. Lisari Gate at 4.45 a.m.