IQRAM Vs. STATE

JUDGEMENT

(1.) This jail appeal has been preferred by the appellant from jail against the judgment and conviction dated 28. 2. 1996 passed by Additional Session Judge, Court No. VI in S. T. No. 12 of 1994 (State of U. P. vs. Iqram) arising out of Case Crime No. 185 of 1991, under Section 364 I. P. C. , Police Station Kairana, District Muzaffar Nagar, whereby the appellant was convicted for 10 years rigorous imprisonment alongwith fine of Rs. 5,000/- and in case of none payment of fine, he will further undergo one year additional rigorous imprisonment.

(2.) Brief facts of the case are as follows:

(3.) During trial, the charge under Section 364 I. P. C. was framed against the appellant from which he denied and claimed trial. The prosecution in support of its case produced 5 witnesses, PW-1 Mukut Kumar, who is complainant of the case but he is not an eye witness of incident and at the time of incident he was in Jhijhana town and after receiving information regarding kidnapping from his brother Arjun and villagers, he got the FIR lodged. PW-2 is victim Pradeep Kumar who has supported the case of the prosecution and specifically stated that it was appellant who kidnapped him and kept him in sugarcane field, from where he was rescued by the police and during rescue operation fire was exchanged between the accuseds and police. The accused persons including the appellant fled away from the place of incident leaving behind the victim in the field. PW-3 Arjun, the brother of victim, who also supported the case of the prosecution and has corroborated the story of kidnapping and has clearly stated that he saw the appellant when he came to the shop of his brother Pradeep. This witness is also identified the appellant in the court. PW-4 Hariram initially investigated the case, whereas later on charge-sheet is being submitted by the inspector Rameshwar Dayal, the investigation done by the witnesses is being proved by him and in the statement it has been stated that inspector Rameshwar Dayal was posted with him and he has seen him writing and also recognizes his signature and handwriting of Rameshwar Dayal. PW-5 Dr. Naresh Kumar Sharma who conducted the medical examination of victim after he was recovered on 1. 11. 1991 and found as many as six injures are upon the victim. As per his statement, the injuries could have been caused by the butt of the gun as well as by friction. The injuries were said to have been caused 1 to 3 days ago. After the prosecution evidenced, the statement of appellant under Section 313 Cr. P. C. is being taken wherein a false implication due to enmity is being claimed but no oral or documentary evidence is not being given.