MOHD. ISLAM Vs. STATE

JUDGEMENT

(1.) THERE are two appellants before this Court. Both of them are aggrieved by the impugned judgment and order on sentence dated 26.03.2010 and 29.03.2010 vide which they have been convicted for the offence under Sections 302,201 read with 34 of the Indian Penal Code (IPC) and had been sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- each and in default of payment of fine to undergo SI for a period of three months each for the offence under Section 302/34 of the IPC; for the offence under Section 201 of the IPC, each of the convicts had been sentenced to undergo RI for a period of five years and to pay a fine of Rs.5,000/- each failing which to undergo SI for a period of three months each. Appellant Mohd. Islam has been separately convicted under Section 25 of the Arms Act as well. For this offence, the appellant Mohd. Islam had been sentenced to further undergo RI for one year. Sentences were to run concurrently.

(2.) THE case as set up by the prosecution was as follows:-

(3.) ON the basis of the aforenoted evidence, the trial Judge had convicted both the appellants i.e. Mohd. Islam and accused Chander Singh for having committed the murder of deceased Naresh. They had also been convicted for having destroyed the evidence of the commission of the offence. As noted supra, accused Mohd. Islam had been separately convicted for possession of a knife under Section 25 of the Arms Act.