CRIMINAL APPEAL No. 2105 of 1986 at Allahabad

Neutral Citation No. - 2025:AHC:217436 Court No. 75 REPORTABLE Reserved on 2.9.2025 Delivered on 28.11.2025 HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL NO.-2105 of 1986 Nizamuddin @ Bhindi ...Appellant Versus State of U.P. ...Respondent JUDGMENT HON’BLE SANJAY KUMAR PACHORI, J. 1. Present Criminal Appeal has been preferred under Section 374 of Code of Criminal Procedure (hereinafter referred as “Cr.P.C.”) against the judgment and order dated 5.8.1986 passed by Special Judge, Mathura in Session Trial No. 39 of 1986, whereby trial court convicted the appellant under Section 307, Indian Penal Code (hereinafter referred as “I.P.C.”) and sentenced him under Section 307, I.P.C. to undergo seven years rigorous imprisonment. 2. Brief facts of the case giving rise to the present appeal is that the first information report dated 26.11.1985 has been lodged by Mustaq Ahmad (PW-1) alleging that on 26.11.1985 Mohd. Shariq (PW-2/injured) had gone to the house of the Executive Engineer (PWD) at about 4.00 p.m. situated in Veterinary College, Mathura by a scooter; when they were coming back from the house of Executive Engineer, tire of scooter had become punctured. At the same time, prese