JAVED KHAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) These two appeals (are of the co-accused) arise out of the judgment and order dated 9.6.2004 passed by Additional Sessions Judge / III F.T.C. Udham Singh Nagar in Sessions Trial No. 393 of 2001 State v. Javed and Ors. under Section 452, 302, 354, 323, 504 and 506 of Indian Penal Code (from hereinafter referred to as Indian Penal Code), Sessions Trial No. 392 of 2001 State v. Javed under Sections 25 of Arms Act, Sessions Trial No. 391 of 2001 State v. Chunnan under Sections 4/25 of Arms Act with Sessions Trial No. 45 of 2002 State v. Ibney Ali under Section 25 of Arms Act. The learned Additional Sessions Judge has convicted the accused / Appellant Javed under Section 302 Indian Penal Code and sentenced him to undergo life imprisonment and a fine of ' 2000/-. Accused / Appellant Javed has further been convicted under Section 452 Indian Penal Code and has been sentenced to undergo three years and six months' rigorous imprisonment and a fine of ' 500/- and in case he does not pay the fine, it was directed that he will undergo further rigorous imprisonment for two months. Accused/appellant Javed Khan has been further convicted under Section 354 Indian Penal Code and has been sentenced to undergo rigorous imprisonment for one year. He has further been sentenced to undergo rigorous imprisonment for six months under Section 504 Indian Penal Code and for six months under Section 506 Indian Penal Code. Accused / Appellant Javed Khan has further been convicted under Section 25 of Arms Act in Sessions Trial No. 392 of 2001 and has been sentenced to undergo rigorous imprisonment for two years. All these sentences have to run concurrently and in case of non-payment of fine, it was directed that the accused/appellant Javed Khan shall bear the aforesaid sentences separately. Accused / Appellant has been acquitted under Section 323 Indian Penal Code having been given the benefit of doubt. Accused / Appellant Chunnan was acquitted under Section 302, 323, 504 and 506 Indian Penal Code and under Section 4/25 of Arms Act but has been convicted under Sections 452 and 354 Indian Penal Code and sentenced to undergo rigorous imprisonment for three and a half years under Section 452 Indian Penal Code and to pay fine of ' 500/- and sentenced to undergo rigorous imprisonment for one year under Section 352. Co-accused Ibney Ali has been acquitted of all the charges under Section 452, 354, 323, 504, 506 and 302 Indian Penal Code and also Section 25 Arms Act.

(2.) These separate appeals have been filed by accused / Appellants Javed Khan and Chunnan respectively, against their conviction and sentence.

(3.) Sri M.K. Goyal appears for the Appellant Chunnan in criminal appeal No. 177 of 2004 but since the counsel shown for Appellant Javed did not appear in spite of the list being revised and his name being called twice, the Court vide order dated 17.2.2011 appointed Mr. T.S. Rautela, Advocate as an Amicus Curiae and directed the Registry to prepare the paper book and to supply the same to the amicus curiae. Mr. M.K. Goyal, Advocate was, however, heard on 18.2.2011 as well, and the Amicus Curiae Sri K.S. Rautela and Sri M.K. Goel were heard at length on 21.2.2011.