NAZEER @ ASLAM S/O LATIF Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-5-192
HIGH COURT OF UTTARAKHAND
Decided on May 28,2013

Nazeer @ Aslam S/O Latif Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) The challenge herein is to the judgment and order of conviction dated 20/21.11.2009 rendered by learned Additional Sessions Judge, Roorkee, District Haridwar in S.T. No.499-A of 2004, State Vs. Nazir @ Aslam, whereby the accused/appellant was tried for the offence of Section 302 IPC, wherefor he was found guilty and thus, appropriately sentenced.
(2.) The first information report was lodged on 10.7.2004 by PW1 Parvez Alam stating that his brother Munir Alam (deceased) was engaged in the trading of buffaloes. On that intervening night at about 1:45 A.M., unknown assailants entered the house and shot dead the brother of complainant. Complainant's another brother, named Zubair, who was sleeping in the adjacent house, saw the assailants while fleeing the house. The police subsequently came into motion and conducted the investigation which culminated into submission of chargesheet (Ex.Ka-8) against four accused, namely, Irshad, Nazeer (present appellant), Nanha and Chhota @ Bihari for the offence of Section 302 IPC. Learned Sessions Judge, Haridwar levelled charge against all the four accused but somehow, the instant trial proceeded only against appellant/accused Nazeer @ Aslam, whereas the trial for rest of the accused persons was separated by the court below.
(3.) Prosecution, to prove its case, has examined PW1 Parvez (complainant), PW1(A) Smt. Farzana (wife of deceased), PW2 Zubair Alam (brother of deceased), PW3 Km. Shabana (deceased's daughter), PW4 Salim (before whom inquest was prepared), PW5 S.I. S.P. Bishnoi (who prepared the inquest and other documents), PW6 Constable Surendra Singh (who prepared Chik FIR and made entry in G.D.) and PW7 S.I. Nagendra Pratap (I.O. of the case). Thereafter the statement of accused/appellant was recorded u/s 313 Cr.P.C. After analyzing the entire evidence, the trial court recorded the judgment of conviction, as afore-stated.;


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