AMJAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Noor Mohammad, learned counsel for the appellant, Sri Om Narain Tripathi, learned A.G.A. Ist assisted by Sri Jitendra Kumar, Sri Sanjay Kumar Rajbher, Sri Mahesh Kumar Dwivedi, learned A.G.A.s, Sri Bhanu Praksh Singh and Sri S.C. Dwivedi, learned brief holders for the State and perused the material brought on record.

(2.) The instant criminal appeal has been preferred by the above noted appellant Amjad s/o Aslam questioning the sustainability and validity of the judgment and order of the trial court dated 16.1.2007, passed by the court of Additional Sessions Judge/Fast Track Court No.4, Meerut in Sessions Trial No. 90 of 2005 (State versus Amjad), arising out of Case Crime No. 184 of 2004, under Section 307 I.P.C., Police Station Parikshitgarh, District-Meerut, whereby the appellant after being convicted under Section-307 I.P.C. has been sentenced to ten years rigorous imprisonment along with fine Rs. 1,000/- with default stipulation for six months rigorous imprisonment.

(3.) Prosecution case is that an F.I.R. was lodged at Police Station - Parikshitgarh, District - Meerut on 7.9.2004 at 10:30 P.M. regarding some incident having taken place the very same day in the evening around 7:30 P.M. allegedly caused by accused - Amjad, resident of Agwanpur within the jurisdiction of the aforesaid police station, whereby cousin of the informant - Sushil Kumar sustained injuries. Informant Pappi s/o Uday Singh, resident of Village - Agwanpur, Police Station - Parikshitgarh, District - Meerut lodged the aforesaid report at Case Crime No. 184 of 2004 with averment that his cousin Sushil son of Sube Singh, resident of Village - Agwanpur is running a jewellery shop. 10 days prior to the incident, accused- Amjad came to his shop and he picked up quarrel with his cousin, but the matter was subsided with the help of the villagers, but he was having grudge against Sushil on account of aforesaid altercation/dispute. Today on 7.2.2004 his cousin Sushil was standing near the bus stand around 7:30 P.M. in the evening when Amjad came over there, whipped out a knife and with the intention to kill, caused knife blow on the neck. On alarm being raised, the informant Pappi, Sunil s/o Sube Singh and other villagers arrived on the spot, due to which Amjad fled away from the scene, waving his knife. It has also been described in the F.I.R. that Sushil was taken to the hospital by his family members and he has come to lodge the report. Therefore, report may be lodged and action taken. This report is Exhibit Ka-1 and the entry of the same was taken down in the Check F.I.R. 135 of 2004 I.P.C. at aforesaid case crime number at aforesaid police station, under Section-307 I.P.C. The Check F.I.R. is Exhibit Ka-4 and on the basis of the entry so made in the check F.I.R., relevant entry was also made in the concerned general diary of 7.9.2004 at aforesaid case crime number at 10:30 P.M. and a case was lodged accordingly. The copy of G.D. is Exhibit Ka-5 and the same has been proved by P.W.5 Constable Clerk Suresh Chand.