LAWS(SC)-2024-1-34

STATE OF HARYANA Vs. MOHD. YUNUS

Decided On January 12, 2024
STATE OF HARYANA Appellant
V/S
MOHD. YUNUS Respondents

JUDGEMENT

(1.) Four accused persons namely, Mohd. Yunus (A1), Mohd. Jamil (A2), Ghasita (A3) and Akhtar Hussain (A4) were sent for trial for the same incident which occurred on 9/1/1999 causing death of Akbar (deceased) and injuries to Deenu (PW-1), Ahmad (PW-2) and Harun. Initially, accused nos. 1, 2 and 3 were tried in Sessions Case No. 12 of 1999 arising from FIR No. 10 dtd. 9/1/1999 of Police Station Nuh, Haryana in which they were convicted for offences under Ss. 302 and 323 read with Sec. 34 of the Indian Penal Code, 1860(For short 'IPC') while acquitting them of the charge under Sec. 325 read with Sec. 34 of the IPC. During the pendency of the trial against first three accused, the prosecution moved an application under Sec. 319 of the Code of Criminal Procedure, 1973(For short 'Cr.P.C.') which was allowed by the Trial Court on 02 11.1999. While the first trial was decided on 25/7/2001, when accused Akhtar Hussain was absconding, he was tried separately after he surrendered, and charge sheet was submitted on 1/4/2003. The trial against Akhtar Hussain in Sessions Case No. 112 of 1999 dtd. 29/8/2003 was decided on 5/10/2004 in which he was acquitted of the charges under Ss. 302, 323, 325 read with Sec. 34 of the IPC.

(2.) Akhtar Hussain 's (A4) acquittal was challenged before the High Court which came to be dismissed against which no further appeal has been preferred either by the complainant or by the State.

(3.) Under the impugned judgment in Criminal Appeal No. 1308 of 2012 the High Court has passed the common order disposing of Criminal Appeal No. 437-DB of 2001 and Criminal Revision No. 418 of 2005. The criminal appeal was preferred by Mohd. Yunus, Mohd. Jamil and Ghasita challenging their conviction by the Trial Court whereas criminal revision was preferred by the complainant-Deenu challenging the judgment of acquittal passed in favour of accused-Akhtar Hussain. The High Court dismissed the appeal qua accused-Ghasita and Mohd. Jamil whereas the appeal preferred by accused Mohd. Yunus was allowed in part acquitting him of the charges under Sec. 302 read with Sec. 34 of the IPC but maintained his conviction for offence under Sec. 323 read with Sec. 34 IPC and sentenced him for the period already undergone.