SHAFIQUE AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 14.5.1997 passed by Additional Sessions Judge IIIrd, Lakhimpur Khiri in Sessions Trial No. 442 of 1995 arising out of Case Crime No. 128 of 1995, Police Station Kotwali Lakhimpur appellant Shafique Ahmad has been convicted and sentenced to undergo rigorous imprisonment for eight years for offence punishable under Section 304-II I.P.C.

(2.) It is pleaded in grounds of appeal that trial court has not considered that there are material contradictions in the statements of witnesses. No independent witness was produced on behalf of prosecution although incident is said to have taken place at bus stand. It is further pleaded that defence version was not properly appreciated by the trial court and findings recorded by the trial court are perverse. The conviction of appellant is warranted neither on facts nor on law. The prosecution has been failed to prove its case beyond reasonable doubt. The investigation conducted by the Investigating Officer is tainted. The punishment awarded is too severe.

(3.) On these grounds, it is submitted that appeal be allowed and conviction and sentence imposed by the trial court be set aside and appellant be acquitted.