MOHAMMED IRSHAD ALIAS RAJU Vs. STATE

JUDGEMENT

(1.) The appellant Mohd. Irshad @ Raju was sent up for trial along with co-convicts Salaudin and Satish in the case arising out of the FIR No. 52/98, registered at P.S. Welcome under Sections 307/324/34 IPC. After joint trial they stand convicted for the commission of offence under Sec. 307/34 and 324/34 Penal Code by the impugned judgment dated 29.06.1999. Pursuant to the order of the same date the appellant stands sentenced to rigorous imprisonment for life and fine of Rs. 10,000.00. In default it has been directed that the appellant Irshad shall undergo imprisonment for six months for commission of the offence under Sec. 307/34 IPC. For the offence under Sec. 324/34 Penal Code the appellant stands sentenced to undergo rigorous imprisonment for three years and fine of Rs. 2000.00. In default simple imprisonment for one month has been imposed.

(2.) By the same judgment, co-accused Satish and Salauddin were sentenced to undergo imprisonment of 10 years and fine of Rs. 5000.00 each for commission of the offence under Sec. 307/34 Penal Code and for commission of the offence under Sec. 324/34 Penal Code they stand sentenced to rigorous imprisonment for three years each and fine of Rs. 2000.00 each and in default a further sentence of three months and one month respectively was imposed.

(3.) The co-convicts Satish and Salauddin assailed this conviction by way of Criminal Appeal Nos. 350/99 and 351/99 respectively. These appeals came up for hearing before the learned Single Judge and were disposed of by judgment recorded on 06th Feb., 2009 by the learned Single Judge. It appears that these appellants took the decision not to press the appeals on merits and instead contended that the evidence on record did not disclose commission of an offence only under Sec. 307/34 Penal Code but in fact disclosed the commission of an offence only under Sec. 324/34 Penal Code given the roles attributed to them. So far as the appellant was concerned, it was contended that at the most he had inflicted grievous injuries to the injured victim.