STATE OF UTTARANCHAL Vs. ANWAR AND OTHERS

JUDGEMENT

(1.) Present Government Appeal was preferred by the State of Uttaranchal against the Judgment and Order dated 01.10.2004 passed by learned Additional Sessions Judge/ 3 rd FTC, Haridwar in Sessions Trial No. 407 of 2001, whereby accused-respondents Anwar, Naseem, Qasim and Shamshad were acquitted of the charge of offence punishable under Section 302 IPC read with Section 34 IPC.

(2.) The contention of learned counsel for the State was that the Judgment and Order passed by learned Additional Sessions Judge, Haridwar was illegal and contrary to the facts and material evidence available on record. Learned trial court has wrongly disbelieved the evidence of prosecution and wrongly acquitted the accused-respondents. It was, therefore, prayed that the Government Appeal be allowed and the impugned order of acquittal of accused-respondents may be set aside. A prayer was also made to convict and sentence the respondents according to law.

(3.) A first information report was lodged at the instance of PW 1 Vakil. In that, it was mentioned that Anwar, Naseem, Qasim and Shamshad killed informant's father Akhtar Husain by stabbing with knives on 07.09.2001 at 3:30 p.m., when the victim was offering prayer in mazar. It was also mentioned in the complaint that since informant PW 1 Vakil married to Naseem's daughter, much to Naseem's dislike, therefore, the accusedrespondents killed informant's father in furtherance of their common intention. The incident was said to be witnessed by PW 2 Angrez and PW 4 Isloob. The chik FIR was lodged on the selfsame day, i.e., 07.09.2001 at 6:25 p.m., in PS Ranipur, District Haridwar, which was registered as case crime no. 176 of 2001, under Section 302 IPC.