DILSHAD AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) Dilshad, Naushad s/o Kamaluddin (hereinafter referred to as "Naushad-1") Naushad s/o Mohd. Rafiq (hereinafter referred to as "Naushad-2"), and Hasin Hussan (also referred to as Hasin Haider) assail the judgment dated 26th July, 2013, convicting them under Sections 302/307/449 read with Section 34 of the Indian Penal Code, 1860 (IPC, for short). Dilshad and Hasin Hussan also impugn their conviction under Sections 25/27 of the Arms Act, 1959.

(2.) The State has preferred a cross appeal against the impugned judgment dated 26th July, 2013 acquitting Ranu Kumar @ Prashant Kumar, Shamim and Israr.

(3.) The four appellants, i.e. Dilshad, Naushad-1, Naushad-2 and Hasin Hussan, vide order dated 29th July, 2013 have been sentenced to imprisonment for life and fine of Rs.50,000/- each for the offence under Section 302 IPC; imprisonment for life under Section 307 IPC; and rigorous imprisonment of seven years and fine of Rs.30,000/- each for the offence under Section 449 IPC. The sentences are to run concurrently and Section 428 of the Code of Criminal Procedure, 1973 (Cr.P.C., for short) shall apply. Imprisonment of life, it is clarified, would mean the remainder of the natural life of the convict. 70% of the fine, if realized, it is directed would be paid to the injured Heena (PW2), and the legal heirs of the deceased Anisha and Pappu, while 15% was to be defrayed as costs and paid to the State.