NAZAR KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 12.10.2009 passed by Session Judge (Fast Track Court No.2), District Mathura in S.T. Nos.138 and 139 of 2009, under Sections 307, 452 I.P.C. and 4/25 Arms Act, Police Station Raya, District Mathura, by which the appellant was convicted and sentenced for 10 years under Section 307 I.P.C. with a fine of Rs.5000/- and in default of payment of fine to undergo additional simple imprisonment for one year; further to undergo simple imprisonment for three years with a fine of Rs.1000/- under Section 452 I.P.C. and in default of payment of fine to undergo additional simple imprisonment for six months. He was further sentenced to R.I. for one year under Section 4/25 of Arms Act with a fine of Rs.1,000/- and in default of payment of fine to undergo additional simple imprisonment for three months. All the sentences were ordered to run concurrently.

(2.) Prosecution story, in brief, is that complainant Smt. Shabana Parveen @ Bobby who is widow lodged a written report at Police Station Raya, District Mathura stating therein that accused Nazar son of Akaldaraz, who is a miscreant, and was detained in jail, had been writing letters to complainant from jail for forced marriage (Nikah) and after release from jail he continued to torture the complainant. On 24.10.2008 at about 9.30 a.m. when complainant along with her niece were in her beauty parlor shop situated at Katra market, Raya, accused Nazar armed with knife and his companion armed with country made pistol entered into the shop and forcibly attempted to abduct her on which Afsana made noise and attempted to save her. At this point accused with intention to kill Afsana made repeated blows with knife and the co-accused with the butt of country made pistol assaulted her. Several persons along with his brother Fazalurahman, arrived at the spot, witnessed the incident. Anyhow she was saved from the accused.

(3.) Medical examination of Km. Afsana was conducted on 24.10.2008 in District Hospital, Mathura. Investigating Officer recorded the statement of the witnesses ,inspected the spot and after completion of investigation charge sheet under Sections 323, 324, 307, 506 I.P.C., 7 Criminal Law Amendment Act and under Section 4/25 Arms Act was submitted against the appellant. The appellant denied the charges and claimed trial. Both sessions trial being of the same incident were connected and a common judgment was delivered by convicting and sentencing the accused appellant as aforesaid.