SAFDAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since the appellants in these appeals were tried together and convicted by the court below vide a common judgment, hence both these appeals are taken up together and decided by this common judgment.

(2.) Appellants in these criminal appeals have challenged the judgment and order dtd. 16/5/2012 passed by the Sessions Judge, Haridwar in S.T. No.294 of 2007, State vs. Shahnajar and others, whereby they have been convicted under Sec. 302 read with Sec. 34 IPC and each of them was sentenced to undergo imprisonment for life along with a fine of Rs.5,000.00; in default of payment of fine, the defaulter was directed to undergo three months' additional imprisonment.

(3.) Briefly stated, facts of the case are that on 25/1/2007, Rao Budhan Khan (P.W.1) submitted a written report at P.S. Kotwali Ranipur, Haridwar to the effect that on 24/1/2007 at about 1:30 PM, while he along with his sons Abrar, Karaar and servant Shamim were peeling the sugarcane, two persons came there to extract honey from a honeycomb. When the complainant and his associates stopped those persons not to break the honeycomb to avoid being hurt by the bites of honey bees, those persons began to abuse the complainant and his family members and threatened them of their lives. After that incident, on 25/1/2007 at about 12:00 noon, when the complainant's sons Abrar, Karar and servant Shamim were peeling the sugarcane and the complainant was watering the fields, four persons, including those two who had quarreled on 24/1/2007, at once assaulted complainant's elder son Abrar with a dagger and Gandasa (a sharp edged weapon). On raising an alarm by him, the assailants ran away from there extending a threat to kill them also in future. With these averments, the FIR was lodged. Accordingly, the Chick FIR being Crime No.22 of 2007 under Sec. 302 IPC was registered against four persons.