HAMID Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri Rahul Misra counsel for the appellant, Sri Shashi Singh & Sri K.N. Bajpai, learned A.G.A. and perused the record.

(2.) THIS criminal appeal has been preferred challenging the validity and correctness of judgment and order dated 22.10.2008 passed by Sri S.C. Jain, Additional Sessions Judge, Court no. 6, Bulandshahr in session trial No. 318 of 2004, State Vs. Usman and nine others, connected with session trial no. 323 of 2004, State Vs. Hamid, arising out of case crime No. 12 of 2004, U/s 147,148,149,323,324,504,506, 307,302 IPC, Police station Arnia, by which appellant Hamid has been convicted under section 302 IPC inclusive of the offence under section 324, 307 IPC and sentenced to life imprisonment with fine of Rs. 25000/- thereunder and in case of default in payment of the fine, appellant Hamid was directed to undergo further R.I. for one year. Accused Usman, Suleman, Shamshad, Abid, Sakir, Wakar, Shahid, Jakir, Sajid and Majid were acquitted of the offences punishable under sections 147,148,302/149, 307/149,, 323/149 and 324/149 IPC.

(3.) THE impugned judgment has been assailed on the ground that it is against the weight of evidence on record; that presence of the alleged eye witnesses at the scene of occurrence appears to be highly doubtful; that no reliance can be placed on the testimony of interested witnesses in the absence of corroboration and as no offence under section 302 IPC is made out against the appellant,hence the appellant is entitled to acquittal and lastly that for the aforesaid reasons the punishment is too severe. The appellant is jail since 6.2.2004.