SAHEZAD ALIAS AZAD Vs. STATE

JUDGEMENT

(1.) Since all the above four appeals arise out of the same judgment and order and similar question of fact of law is involved, they are being decided by this common judgment.

(2.) All the appeals arise out against the common judgment and order 17.8.2009 passed by Additional Sessions Judge/1st F.T.C. Roorkee, District Hardwar, in Sessions Trial No. 128 of 2003 State v. Sahezad and Ors. and Sessions Trial No. 129 of 2003 State v. Sahezad, whereby the learned Sessions Judge convicted accused/appellants Sahezad @ Azad, Galib and Talib under Section 302 I.P.C. The Sessions Judge while convicting the said accused/appellants under Section 302 I.P.C. sentenced them to undergo life imprisonment and fine of Rs. 5,000/- each and in default of payment of fine they were directed to further undergo rigorous imprisonment for one year each. Accused Sahezad has further been convicted under Section 25 Arms Act and has been sentenced to undergo three years' rigorous imprisonment and fine of Rs. 1,000/- and in default of payment of fine he was directed to further undergo imprisonment of three months. All the sentences were directed to run concurrently.

(3.) Accused/appellant Sahezad @ Azad preferred Criminal Appeal No. 129/2009, accused/appellant Galib has preferred Criminal Appeal No. 130/2009, while accused/appellant Talib has preferred Criminal Appeal No. 131/2009. Accused/appellant Sahezad @ Azad has also preferred Criminal Appeal No. 132 of 2009 against the conviction and sentence passed by the learned Additional Sessions Judge vide impugned judgment and order 17.8.2009 under Section 25 Arms Act.