NAFEES Vs. STATE OF U.P.

JUDGEMENT

(1.) Present criminal appeal has been filed by appellant Nafees against the impugned Judgement and order dated 21.11.2005 passed by the then Sessions Judge Kannauj in Sessions Trial No. 466 of 2003, arising out of Case Crime No. 390 of 2003 Police Station (in short P.S.) Kotwali Kannauj, District Kannuaj, whereby, he was convicted under Sec. 302 Indian Penal Code 1860 (in short I.P.C.) and sentenced to life imprisonment.

(2.) Prosecution story in brief is that 19 years old deceased Sridevi alongwith her younger sister Kusuma (P.W.-1), went to collect yellow soil (Pili Mitti) from Gram Sabha land near the orchard of one Shyam Bihari. Appellant Nafees surfaced there and started teasing Sridevi who protested and resisted his advances whereupon the appellant Nafees stabbed her repeatedly. Sridevi got badly injured. She was shifted to Vinod Dixit Hospital, Kannauj for treatment but considering the gravity of her condition, she was referred to Kanpur for treatment. She succumbed to her injuries on her way to Kanpur.

(3.) It is stated that incident was also witnessed by Kishan Pal (P.W.-3) who had also gone near the orchard of Shyam Bihari for defecation. Informant Ved Prakash alias Guddu (P.W.-2) also reached the place of occurrence on hearing the commotion. Injured Sridevi conveyed the name of assailant to P.W.-2 Ved Prakash alias Guddu (brother of deceased).