NAFEES AHMAD Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-11-109
HIGH COURT OF UTTARAKHAND
Decided on November 27,2013

NAFEES AHMAD Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) PW-1 Shafik Ahmad wrote a complaint (Ex.Ka-1) to S.O. Kotdwar, District Pauri Garhwal on 09.08.2002 against accused Nafees Ahmad, which was registered as case crime no.1258/2002 under Sections 379 & 411 IPC. According to FIR, on 05.08.2002 PW-1's two goats were stolen when his 10 years old daughter Rubina was with the goats, which were grazing grass. On 09.08.2002, PW-1 alongwith his companions Sharafat and Rafeek started making search for the stolen goats. They found his black goat in the house of Nafees Ahmad. When PW-1 went near the goat, it was confirmed that it was his goat, which was stolen by Nafees Ahmad. Another goat was either sold or killed by Nafees Ahamd.
(2.) Investigation began on the basis of said first information report. After investigation of the case, a charge-sheet was submitted against the accused for the offences punishable under Sections 379 & 411 IPC. When the trial began and prosecution opened it's case, charge against accused-revisionist was framed for the selfsame offences. Accused pleaded not guilty to the charge and claimed trial.
(3.) PW-1 Shafik Ahmad, PW-2 Sharafat, PW-3 Rafik Ahmad, PW-4 S.I. Ram Vilas Sharma and PW-5 S.I. Bhupendra Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in reply to which he said that he purchased the goat from one Surendra Singh and obtained a receipt of the same. He also said that he was falsely implicated in the case. No evidence was given in defence.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.