JISAN AND ORS. Vs. STATE

JUDGEMENT

(1.) THE three appellants Mohd. Riazuddin @ Ding Ding (Crl. A. 968/2012), Jisan @ Bittu (Crl. A. 550/2012) and Aslam (Crl. A. 967/2012) faced prosecution in sessions case No. 34/11 on the charge for the offences of murder of Nazim S/o Salim (hereinafter referred to as "the deceased") and attempted murder of Shahid S/o Abdul Sattar (PW5), in furtherance of their common intention as punishable under Sections 302/34 IPC and Section 307/34 IPC respectively, in the course of an incident which statedly occurred at about 10.35 PM on 20.5.2009 near MCD urinal close to Basti Chain Sukhdas, Lal Mahal within the jurisdiction of PS Chandni Mahal. By the impugned judgment dated 23.03.2012, the learned trial court found the appellants guilty as charged on both counts. By the impugned order -on -sentence dated 26.03.2012 the trial court awarded imprisonment for life as the substantive punishment on each count in addition to fine of Rs. 25,000/ - for offence under Section 302/34 IPC and Rs. 10,000/ - for offence under Section 307/34 IPC to each convicted person. In default the appellants were ordered to suffer further simple imprisonment for one year and ten months respectively.

(2.) THE case had arisen out of the report under Section 173 Cr.P.C. filed on conclusion of investigation into FIR No. 51/09 under Sections 302, 307 IPC of Police Station Chandni Mahal. In the trial court record, appellants Mohd. Riazuddin @ Ding Ding, Jisan @ Bittu and Aslam have been referred to as accused No. 1 (A1), accused No. 2 (A2) and accused No. 3 (A3) respectively. For the sake of convenience, they would be referred to hereinafter accordingly.

(3.) BY these three appeals the appellants seek to assail their conviction and sentence.