YUNUS Vs. STATE OF U P

JUDGEMENT

(1.) THE present jail appeal arises out of judgment and order dated 17/10/2008, passed in Sessions Trial No. 419 of 2007 by Sri Rajendra Chaudhary, Additional District and Sessions Judge, Saharanpur.

(2.) HEARD Sri Rajul Bhargava, learned amicus curiae for the appellant and Sri D. R. Chowdhary, G. A. and Arunendra Singh, A.G.A. It is alleged by the appellant that the accused is innocent and poor. Briefly, the story of the prosecution is :

(3.) FOUR witnesses P.W. 1 informant Rehana, P.W. 2 Mushtkeem, P.W. 3 S.I. Chandri Lal, P.W. 4 Dr. Manoj Kumar Chaturvedi, P.W. 5 S.O. Pramod Pawar proved the prosecution version. P.W. 1 is informant Rehana and witness of the fact. P.W. 2 Mustkeem a person approached on the spot on hearing cries of informant Rehana saw accused Yunus running away and hence a witness of the surroundings, subsequent circumstances and conduct. P.W. 3 S.I. Chandri Lal is the formal witness, writer of G.D. and chik F.I.R. P.W. 4 is Dr. Manoj Kumar Chaturvedi who conducted post mortem examination and examined bodies of three dead persons and P.W. 5 is an Investigating Officer.