STATE OF U. P. Vs. NIZAMUDDIN
LAWS(ALL)-2022-7-203
HIGH COURT OF ALLAHABAD
Decided on
July 28,2022
STATE OF U. P.
Appellant
VERSUS
NIZAMUDDIN
Respondents
Referred Judgements :-
SHEO SWARUP V. KING EMPEROR [REFERRED TO]TULSIRAM KANU VS. STATE [REFERRED TO]
WILAYAT KHAN VS. STATE OF UTTAR PRADESH [REFERRED TO]
SURAJPAL SINGH VS. STATE [REFERRED TO]
ATLEY VS. STATE OF UTTAR PRADESH [REFERRED TO]
BALBIR SINGH VS. STATE OF PUNJAB [REFERRED TO]
M G AGARWAL M K KULKARNI VS. STATE OF MAHARASHTRA [REFERRED TO]
KHEDU MOHTON VS. STATE OF BIHAR [REFERRED TO]
BALAK RAM MOHD SAYEED KHAN VS. STATE OF UTTAR PRADESH [REFERRED TO]
K GOPALREDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
RAJINDER KUMAR KINDRA VS. DELHI ADMINISTRATION [REFERRED TO]
H B GANDHI EXCISE AND TAXATION OFFICER CUM ASSESSING AUTHORITY KARNAL VS. GOPINATH AND SONS [REFERRED TO]
SHAMBHOO MISSIR SARABJITCHAMAR VS. STATE OF BIHAR [REFERRED TO]
TRIVENI RUBBER AND PLASTICS TIRUVALLA KERALA VS. COLLECTOR OF CENTRAL EXCISE COCHIN [REFERRED TO]
RAMESH BABULAL DOSHI VS. STATE OF GUJARAT [REFERRED TO]
SAMBASIVAN VS. STATE OF KERALA [REFERRED TO]
KULDEEP SINGH VS. COMMISSIONER OF POLICE [REFERRED TO]
K RAMAKRISHNAN UNNITHAN VS. STATE OF KERALA [REFERRED TO]
GAYA DIN D VS. HANUMAN PRASAD D [REFERRED TO]
BHAGWAN SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
SHAILENDRA PRATAP VS. STATE OF UTTAR PRADESH [REFERRED TO]
NARENDRA SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
BUDH SINGH VS. STATE OF UP [REFERRED TO]
CHANDRAPPA VS. STATE OF KARNATAKA [REFERRED TO]
STATE OF GOA VS. SANJAY THAKRAN [REFERRED TO]
STATE OF UTTAR PRADESH VS. RAM VEER SINGH [REFERRED TO]
S RAMA KRISHNA VS. S RAMI REDDY [REFERRED TO]
GHUREY LAL VS. STATE OF U P [REFERRED TO]
STATE OF U P VS. BANNE ALIAS BAIJNATH [REFERRED TO]
PERLA SOMASEKHARA REDDY VS. STATE OF A P [REFERRED TO]
GAMINI BALA KOTESWARA RAO VS. STATE OF A P [REFERRED TO]
STATE OF RAJASTHAN VS. NARESH ALIAS RAM NARESH [REFERRED TO]
DHANAPAL VS. STATE [REFERRED TO]
ARULVELU VS. STATE [REFERRED TO]
RAM SINGH ALIAS CHHAJU VS. STATE OF HIMACHAL PRADESH [REFERRED TO]
BABU VS. STATE OF KERALA [REFERRED TO]
VIJAY MOHAN SINGH VS. STATE OF KARNATAKA [REFERRED TO]
GURU DUTT PATHAK VS. STATE OF UTTAR PRADESH [REFERRED TO]
JUDGEMENT
VIKAS BUDHWAR, J. -
(1.)State of U.P. being aggrieved and dissatisfied against the judgment and order of the acquittal dtd. 23/11/2018 passed by Addl. Sessions Judge/ Special Judge (P.C. Act), Special Court No.1, Meerut in Sessions Trial No. 1181 of 2013 (State Vs. Nizamuddin), in Case Crime No. 233 of 2013, under Ss. 304, 506 IPC, P.S. Kharkhauda, District Meerut, acquitting the accused respondents herein.
(2.)The present appeal centers around the prosecution case that the first informant Mohd. Shahib, resident of P.S. Kharkhauda, District Meerut had lodged a written complaint on 9/6/2013 at 1:30 in the noon, which transformed into a first information report with an allegation that his son Salman was called upon by one Nizamuddin (accused herein) son of Azimulla on 6/6/2013 at 9:00 in the morning on the pretext that the son of the first informant had directed Tabassum the daughter of the accused herein to press and massage his head and being aggrieved against the said act of the son of the first informant, the accused herein along with his son Gulla attacked and pounced upon the son of the informant with kicks, fists and wooden stick, and the said fact was also witnessed by Shahid son of Abdul Hakeem and Saleem son of Sabir and other villagers, who were the neighbours and with their attempts, the matter was pacified, however the accused herein ran away and threatened that they will fire upon them. Faced with these circumstances, the son of the first informant being Salman ran away from the house and he returned on 8/3/2013 at 6:00 in the evening while complaining that there was severe stomach ache and as his situation was becoming bad to worst, he was taken to one Dr. Ashok Garg, Shastrinagar, Meerut, where he was detected to be suffering from severe problem and his condition was stated to be critical and thereafter he was taken to Sahara Hospital, Garh Road, Meerut, where he succumbed.
(3.)On the basis of written complaint so sought to be lodged, a first information report purported to be under Ss. 304, 506 IPC against the accused and his son Gulla was lodged. Investigating Officer was nominated to conduct the investigation, who prepared site-plan, recorded the statement of witnesses, sent the body for post-mortem and thereafter submitted the charge sheet under Ss. 304 and 506 IPC.
(2.)The present appeal centers around the prosecution case that the first informant Mohd. Shahib, resident of P.S. Kharkhauda, District Meerut had lodged a written complaint on 9/6/2013 at 1:30 in the noon, which transformed into a first information report with an allegation that his son Salman was called upon by one Nizamuddin (accused herein) son of Azimulla on 6/6/2013 at 9:00 in the morning on the pretext that the son of the first informant had directed Tabassum the daughter of the accused herein to press and massage his head and being aggrieved against the said act of the son of the first informant, the accused herein along with his son Gulla attacked and pounced upon the son of the informant with kicks, fists and wooden stick, and the said fact was also witnessed by Shahid son of Abdul Hakeem and Saleem son of Sabir and other villagers, who were the neighbours and with their attempts, the matter was pacified, however the accused herein ran away and threatened that they will fire upon them. Faced with these circumstances, the son of the first informant being Salman ran away from the house and he returned on 8/3/2013 at 6:00 in the evening while complaining that there was severe stomach ache and as his situation was becoming bad to worst, he was taken to one Dr. Ashok Garg, Shastrinagar, Meerut, where he was detected to be suffering from severe problem and his condition was stated to be critical and thereafter he was taken to Sahara Hospital, Garh Road, Meerut, where he succumbed.
(3.)On the basis of written complaint so sought to be lodged, a first information report purported to be under Ss. 304, 506 IPC against the accused and his son Gulla was lodged. Investigating Officer was nominated to conduct the investigation, who prepared site-plan, recorded the statement of witnesses, sent the body for post-mortem and thereafter submitted the charge sheet under Ss. 304 and 506 IPC.
Copyright © Regent Computronics Pvt.Ltd.