BABU Vs. STATE OF U P

JUDGEMENT

(1.) This appeal filed under Section 374 (2) Cr.P.C. is directed against the judgment and order dated 25.04.2007 passed by the Additional District & Sessions Judge (F.T.C. Court No.9), Gautambudh Nagar in Sessions Trial No. 327 of 2004 (State Vs. Babu) convicting under Section 307/34 IPC and sentencing the appellant for life imprisonment with fine of Rs. 20,000/ and convicting under Section 326/34 IPC and sentencing him for five years rigorous imprisonment with fine of Rs. 5,000/- and also convicting under Section 323/34 IPC and sentencing him for one year rigorous imprisonment.

(2.) Briefly stated the prosecution case is that an F.I.R. was lodged by Akbar against Babu and Gufran alleging that on 07.07.2004, when he came back from Ghaziabad, he found that his younger son Arif aged about 12 years was not present in the house. During search on 08.07.2004, on hearing the cries of pain from the field of Pali, Akbar along with other villagers found the victim Arif in an unconscious condition, having grievous injuries on the head, throat and one eye. Immediately he was taken to Naveen Hospital Dadri, when Arif regained some consciousness, he stated that Babu and Gufran took him with them and started beating, Babu caught hold of his hands and Gufran struck a blow into his eye with an iron pointed weapon alleging that his sister had enticed away his daughter. He also tried to strangulate him. Gulzar and Mobin Khan also disclosed the name of Babu and Gufran. The incident was registered as Case Crime No. 70 of 2004 under Sections 307, 326 and 323 IPC.

(3.) Medical examination was done on 08.07.2004 at 2:00 p.m. and six injuries were found on the body of the victim. After an investigation charge-sheet was submitted under Sections 307, 326, and 323 IPC on 23.07.2004, cognizance was taken on 06.08.2004 and charges were framed only against the appellant-accused on 28.08.2005 under Sections 307, 323 and 326 IPC, Gufran being juvenile. Accused denied the charges.