AFLATOON Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Arvind Kumar Srivastava, learned counsel for the appellant and Shri Rajeev Sharma, learned A.G.A. for State.

(2.) This appeal challenges the judgment and order dated 25.4.2003 in Sessions Trial No. 506 of 2001 passed by the Sessions Judge, Meerut convicting accused-appellant Aflatoon under Sections 302 I.P.C and section 25 of the Arms Act and sentencing him to undergo life imprisonment and fine of Rs. 5,000/- and in default, one year further imprisonment under Section 302 and six months imprisonment under section 25 of the Arms Act. The present appellant was convicted and he is in jail since 2001 i.e. the date of arrest.

(3.) The brief facts are that appellant Aflatoon who lives in the neighbourhood of the complainant Babu (P.W.1), used to tease the ladies of the complainant's family. On 11.5.2001, appellant Aflatoon came to the house of complainant and started teasing the ladies of the complainant's family and on being objected by the deceased Iliyas son of the complainant, an altercation took place between appellant Aflatoon and deceased. Appellant Aflatoon returned back and soon after at about 5.30 p.m., came again with Shaqeel to the house of the complainant. Exchange of abuses took place once again and accused Shaqeel caught hold of Iliyas and appellant inflicted knife blows upon Iliyas. The occurrence was seen by Shamsher, Iqbal and Jameer also. Both the accused escaped after hue and cry were raised. Thereafter, the complainant took the deceased with the help of neighbours to the Medical College, Meerut where he was declared dead. Complainant Babu, thereafter, dictated his written report to one Tasleem who submitted the written report to Police Station, Lisari Gate, Meerut on that basis case was registered and investigation was carried out, inquest report was prepared, formalities for postmortem examination was caused and autopsy was conducted. After investigation charge sheet against the accused person in respect of murder was submitted to the Court of competent jurisdiction. The Competent Court committed the case to the Court of Sessions as the offences were triable by the Court of Sessions.