SULEMAN & ANOTHER Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Both the above criminal appeals arise out of a common judgment and order dated 20.11.2003 passed by the learned Additional Sessions Judge, Haridwar in Sessions Trial No. 378 of 2000 whereby the accused/appellants Mumtaz and Ahkam have been convicted under Section 304 of I.P.C. and sentenced for life imprisonment and a fine of Rs. 5,000/- each. Further the accused appellants Suleman, Sehjad and Ikram have been convicted under Section 304/149 of I.P.C. and sentenced for life imprisonment and a fine of Rs. 5,000/- each and in default of payment of fine they were directed to undergo further imprisonment for six months. The trial court further convicted them under Section 307 of I.P.C. and sentenced for ten years rigorous imprisonment and a fine of Rs. 5,000/- each. The trial court further convicted the accused appellants Mumtaj and Ahkam under Section 307/149 of I.P.C. and sentenced them for ten year rigorous imprisonment and a fine of Rs. 5,000/- each and in default of payment of fine they were directed to undergo further R.I. for six months. The accused appellants, namely, Suleman, Ikram and Sehjad have also been convicted under Section 148 of I.P.C. and sentenced for one year rigorous imprisonment. The accused appellants, namely, Mumtaj and Ahkam have been convicted under Section 147 of I.P.C. and sentenced for six months rigorous imprisonment. However, it was also directed that all the sentences shall run concurrently.

(2.) Brief facts of the case are that the First Information Report dated 26.08.2000 lodged at police station Roorkee by Mohd. Arif (P.W.2) states that on 26.08.2000 at 7:30 a.m. Jamir S/o Zarif and others were sitting at their "Baithak" outside their house. At that time, Suleman, Ikram, Mumtaj, Sehjaad and Ahkam etc. came there. Suleman, Ikram and Sehjad were having country made "Katta" (pistol), Mumtaj was having "Lathi" and Ahkam was having "Lathi" and "Pathar" (stones) in his hand. They demanded that since this "Baithak" belong to them, they should go away. On this, Yasin replied that this "Baithak" belongs to their ancestors. In the meantime other persons also gathered. In order to kill them the accused started firing with their respective weapons. In this incident Hamid, Sehruma, Jamir and Yasin sustained serious injuries. Mohd. Arif, Naseem, Riyasat, Nasim Majaria and Gufran were present at the place of occurrence. Considering the nature of injuries sustained by Yasin and Jamir, the doctor referred them to Medical Hospital at Meerut. Both were admitted to Meerut Medical Hospital initially whereas Mohd. Yasin was referred to All India Institute of Medical Sciences, New Delhi where he ultimately succumbed to his injuries on 04.09.2000.

(3.) Consequent to the lodging of the First Information Report, the police commenced its investigation, which culminated in filing of the chargesheet by the police on 12.10.2000 against five persons, namely, Mumtaj, Ikram, Suleman, Sehjad and Ahkam. The learned Magistrate committed the matter to Sessions for trial. Subsequently, after committal charges were framed by the learned Additional Sessions Judge on 12.10.2001 against five assailants under Sections 147, 302/149, 307/147 and 148 of I.P.C.