FASAHAT Vs. STATE OF U.P.

JUDGEMENT

(1.) The Criminal appeal no. 4134 of 2005 has been filed against the judgment and order of the trial court dated 30.08.2005 passed by the Special Session Judge, J.P. Nagar in Sessions Trial No. 231 of 2004, Case Crime No. 244 of 2004 (State Vs. Fasahat and others) under Sections 302, 504, 506 IPC, Police Station-Said Nagli, District-J.P. Nagar whereby the appellant Fasahat has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life with a fine of Rs.10,000/- and in case of default further imprisonment of three years.

(2.) The Government Appeal no. 5496 of 2005 has been filed by the State against the judgment and order of the trial court dated 30.08.2005 passed by the Sepcial Sessions Judge, J.P. Nagar in Sessions Trial No. 231 of 2004, Case Crime No. 244 of 2004 (State Vs. Fasahat and others) under Sections 302, 504, 506 IPC, Police Station-Said Nagli, District-J.P. Nagar whereby the accused-respondents Jamshed, Tanveer, Dilshad have been acquitted of the charges.

(3.) Briefly stated the facts of the case, as per the report of the informant Khaliq Ahmad are that on 01.05.2004 at about 4 o' clock in the evening Fahim Ahmad, brother of the informant was sitting in his shop when the accused Fasahat, Dilshad, Jamshed and Tanveer came to the shop and out of these persons Jamshed, Tanveer and Dilshad caught hold of the deceased Fahim Ahmad while Fasahat with the intention to kill, stabbed Fahim Ahmad with such force that his intestines came out. It is further mentioned in the FIR that the informant then took his brother, in an injured condition, to Hasanpur for treatment under Dr. Shiv Swaroop Tandon. It is also stated that on the cry raised by Fahim Ahmad, he alongwith one Irshad and Munazir came rushing to the shop and managed to extricate his brother from the clutches of the accused. The accused however, made good their escape hurling abuses and threats to kill. The report also mentions that Fahim Ahmad, the injured, was left in the care of other relatives and the informant has come to lodge the FIR (Ex. Ka-1). The report was transcribed by Sri Surendra Singh, Head Moharrir.