SHAUKAT Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The appellant in Criminal Appeal No. 757 of 2005 with his father Sabbir, son of Ilahi Bux was charged for commission of offences punishable under Section 302 read with Section 34 Indian Penal Code (IPC) and Section 307 read with Section 34 IPC for causing death of Wilayat and attempting to commit murder of Rahmat. The learned Sessions Judge, Nainital by judgment dated September 18, 1982 passed in Criminal Sessions Trial No. 17 of 1981 convicted the appellant under Sections 302 and 307 for causing murder of deceased Wilayat and for making attempt to murder Rahmat and sentenced him to life imprisonment for commission of offence punishable under Section 302 as well as R.I. for ten years for commission of offence punishable under Section 307 IPC. His father Sabbir was convicted under Section 302 read with Section 34 IPC and Section 307 read with Section 34 IPC. Mr. Sabbir was sentenced to life imprisonment for commission of offence under Section 302 read with Section 34 IPC and R.I. for seven years for commission of offence under Section 307 read with Section 34 IPC.

(2.) Feeling aggrieved, the appellant and his father preferred Criminal Appeal No. 1034 of 2001 in the High Court of Uttaranchal at Nainital. During the pendency of the said appeal, Sabbir, who was father of the appellant, expired. Therefore, the appeal filed by the appellant was considered by the High Court. The Division Bench of the High Court, by judgment dated December 24, 2004, held the appellant guilty for commission of offence of culpable homicide not amounting to murder punishable under Section 304 Part-I IPC and sentenced him to undergo R.I. for 10 years and a fine of Rs. 5,000/- in default R.I. for one year. The High Court also found the appellant guilty for commission of offence under Section 308 IPC and sentenced him to R.I. for two years and fine of Rs. 1,000/- in default R.I. for three months. Feeling aggrieved, the appellant has filed Criminal Appeal No. 757 of 2005 by Special Leave.

(3.) As noticed earlier, the appellant was acquitted of the offences punishable under Sections 302 IPC and Section 307 IPC. Therefore, feeling aggrieved by the said acquittal, the State of Uttaranchal has filed Criminal Appeal No. 758 of 2005 by Special Leave.