NOORULLAH Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgement and order dated 8.2.2000, passed by Special Judge (S.C/S.T Act)/Additional Sessions Judge, Gorakhpur in S.T. No. 144 of 1998, whereby the appellant Noorullah was convicted under Section 302, I.P.C and sentenced to undergo imprisonment for life alongwith fine of Rs. 5,000 and one year R.I. under Section 324, L.P.C. Sentences awarded to the appellant were to run concurrently.

(2.) THE incident took place on 2.12.1997 at about 10 a.m. in village Saraya P. S Belipur, district Gorakhpur. THE F.I.R. Ext. Ka-1 was lodged by the complainant Saeed Khan, P.W. 2 on the same day at P.S. Belipur at 2.45 p.m.

(3.) ON 5.12.1997, the Investigating Officer arrested the accused Noorullah and on his pointing out, recovered the spear from the shop of the appellant and prepared recovery memo Ext. Ka-11. The Investigating Officer also recorded the statement of other witnesses and after completing the investigation, submitted charge-sheet Ext. Ka-12 against the appellant. The complainant Saeed Khan was medically examined on 2.12.1997 at 8 p.m. at District Hospital, Gorakhpur by Dr. S. S. Parvez (P.W. 5) and the following injuries were found on his person.