MOHD SHAKIR Vs. STATE

JUDGEMENT

(1.) THE aforementioned appeals arise out of a common judgment dated 20th April, 2011 in Sessions Case No. 70/2008 arising out of FIR No. 484/2007, Police Station Gokul Puri.

(2.) THE three appellants, namely, Mohd. Shakir, Mohd. Javed and Mehfooz, by the impugned judgment dated 20th April, 2011 have been convicted under Sections 302, 364 and 201 read with Sections 120B of the Indian Penal Code, 1860 (IPC, for short). By order on sentence dated 26th April, 2011, they have been sentenced for the offence punishable under Section 302 read with Section 120B IPC to rigorous imprisonment for life and fine of Rs.2,000/ - each, in default of payment to undergo simple imprisonment for six months. They have been also sentenced to imprisonment for ten years for the offence under Section 364 read with Section 120B IPC and fine of Rs.2,000/ - each. In default of payment of fine for the said offence, they have to undergo Simple Imprisonment for three months. For the offence under Section 201 read with Section 120B IPC, they have been sentenced to imprisonment for three years and fine of Rs.1,000/ - each. In default of payment of fine, to undergo simple imprisonment for thirty days. Benefit of Section 428 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) has been granted. The fourth accused, namely, Mohd. Ashfaq was acquitted from the charge under Section 302 and 364 read with Section 120B IPC, but was convicted under Section 411 IPC. Ashfaq was sentenced for the term of sentence already undergone and to pay fine of Rs.200/ - and in default of which, he was to undergo simple imprisonment for fifteen days. The order on sentence records, fine stands paid by Ashfaq. Ashfaq was also asked to execute a bond, which was to remain in force for a period of six months.

(3.) THE charge against the appellants is that they had conspired to abduct Mohd. Idrish on 24th June, 2007 at about 2.45 P.M. at red light near Gokul Puri flyover and thereafter had murdered Mohd. Idrish and caused his body and other evidence of commission of murder to disappear.