JAHANGIR@IKKA@IBRAHIM; MD KAREEM@RAHUL Vs. STATE

JUDGEMENT

(1.) JAHANGIR @ Ikka @ Ibrahim and Md.Karim @ Rahul challenge the impugned judgment dated July 25, 2012 convicting them for offences punishable under Sections 395/397/34 IPC and the order on sentence dated August 09, 2012 whereby Jahangir @ Ikka has been directed to undergo imprisonment for life and a fine of Rs. 10,000/ - for offence punishable under Section 395 IPC and rigorous imprisonment for 10 years and a fine of Rs. 10,000/ - for offence punishable under Section 397 IPC and Md.Kareem @ Rahul to undergo rigorous imprisonment for a period of 10 years and a sum of Rs. 10,000/ - on both the counts i.e. Section 395 and 397 IPC. The judgment also clarifies that the sentences in the present case shall run consecutively to the sentences already imposed upon the convict in any other case and after the completion of period of sentence the convicts are to be handed over to the competent authority/ FRRO who would initiate appropriate proceedings for their deportation in accordance with law.

(2.) LEARNED counsels for the appellants contend that the appellants have been convicted merely on account of their previous criminal records. No recovery has been affected from them. The ballistic report does not connect the appellants to the offences committed. There are major contradictions in the testimonies of the alleged eye -witnesses. Son Gaurav Pratap Singh PW - 14 and daughters Disha and Nisha PW -12 & PW -13 of Smt.Raj Kumari PW -5 and Devender Pal Singh PW -7 have not identified the appellants even in the Court. The witnesses are not consistent in their statements and have made material improvements besides contradictions. Hence, the appellants be acquitted.

(3.) NO defence evidence has been led by Jahangir and Md.Kareem and they have pleaded innocence and false implication in their statements recorded under Section 313 Cr.P.C.