CRIMINAL APPEAL No. 5283 of 2016 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD Criminal Appeal No. - 5283 of 2016 Yakoob …..Appellant(s) Versus State of U.P. …..Respondents(s) Counsel for Petitioners(s) : Ajay Kumar Mishra,Kartikeya Saran,Nazrul Isla.m. Jafri(Senior Adv.) Counsel for Respondent(s) : G.A Court No. - 44 HON’BLE SAUMITRA DAYAL SINGH, J. HON’BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Ajay Kumar Mishra, learned counsel for the appellant and Sri Vikas Goswami, learned AGA for the State. 2. Present criminal appeal arises from the judgment and order dated 19.09.2016 passed by Sri A.K. Srivastava, learned Additional District & Sessions Judge, Court No.13, Meerut in S.T. No. 503 of 2002 (State v. Yakoob) thereby learned court below has convicted the present appellant for the offence under Section 302/34 IPC and sentenced him for life together with fine Rs.15,000/- and default sentence of one year rigorous imprisonment. 3. The prosecution story emerged on the Written Report (Ex. Ka-1 at the trial) submitted by Shamoon (PW-1), the son of the deceased Fateh Mohammad, on 20.05.2000. Therein it was disclosed that the first informant - Shamoon alongwith deceased and his uncle Wali Mohammad had traveled to Mawana that day, on