Irfan v. State of U.P.
Case brief
What is this about?
Appeal against murder conviction dismissed. Court rejected arguments regarding witnesses' relationship, accused's escape, and non-disclosure of FSL report, finding prosecution proved case beyond reasonable doubt.
What did the court decide?
Appeal dismissed; bail cancelled; appellant directed to surrender and serve remainder of sentence.
What the court decided
1
Court No. - 43 Reserved on: - 8.2.2019 Delivered on: - 11.3.2019
Criminal Appeal No.- 5575/2004 Appellants :- Irfan Respondent :- State of U.P. Counsel for Appellant :- Arvind Kumar Srivastava, Amicus Counsel for Respondent :- S.R. Pandey, A.G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
(Delivered by Pankaj Naqvi, J)
This criminal appeal is preferred against the judgment and order dated 1.9.2004, passed by the Addl. Sessions Judge (FTC), Court No.1, Kairana, Muzaffarnagar in S.T No.113/2000, convicting / sentencing the appellants under Sections 302 IPC for life.
- The appellant is charged under Section 302 IPC on the ground that on the intervening night of 5/6.10.1999 at about 1.20 PM, victim was sleeping in his house, accused-appellant jumped over the wall of the house of the victim, slit his throat, who cried for help, upon which PW-1/ informant, Wakil (PW-2), brothers of the victim alongwith Nafees (not examined) witnessed the occurrence. The victim succumbed to the injuries at the
2
spot. The witnesses caught hold of the accused-appellant but on account of fear, he forcibly released himself to flee from the scene.
Issues for consideration
3 issues framed by the court
Whether the testimony of interested eyewitnesses is vitiated by their relationship or the accused's escape without injury.
Whether the non-disclosure of the FSL report indicating blood on the razor to the accused vitiates the conviction under Section 313 Cr.P.C.
Whether the prosecution established the case beyond reasonable doubt despite investigational lapses.
Parties & counsel
- appellant
Irfan
- respondent
State of U.P.
Coram
Pankaj Naqvi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- CRLA/5575/2004
Similar cases
Judgements on the same questions, provisions and authorities, from every court