PARVEZ ALIAS BAKRA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY means of the present appeal the appellants namely Parvez @ Bakra and Arshad have challenged the conviction under Section 302/34 I.P.C. and sentencing the appellants to imprisonment for life. Aslam, another co -accused was also convicted under Section 302 I.P.C.

(2.) THE present appeal is confined to Parvez and Arshad who have been assigned the role under Section 302 I.P.C. read with Section 34 of I.P.C. for causing the death of Raju. Brief facts according to the prosecution story are that the first information report was lodged by one Rajendra on 25th August 1991 at Thana Roorkee stating therein that his brother deceased Raju had some altercation three days back with accused Aslam S/o Sharafat, resident of Mohammadpur on the ground that Aslam used to come in the locality and had a bad eye on the girls of the locality. On this accused Aslam had even told deceased Raju that you pretend to be 'Dada' of this locality and he will see him. The prosecution story narrates further that on 25.08.1991 at about 5:45 P.M., complainant Rajender, deceased Raju and one Vinod S/o Vanu were sitting on Double Fatak Pul and at that time Aslam along with Arshad and Parvez came there. Arshad and Parvez caught hold the deceased Raju and thereafter Aslam had fired Raju on his head from his pistol.

(3.) PROSECUTION has further submitted that Raju fell then and there and Aslam was arrested on the spot but Arshad and Parvez somehow managed to escape and could not be arrested. The accused applicants Arshad and Parvez were charge sheeted under Section 302/34 I.P.C. on the ground that on 25.08.1991 at about 5:45 P.M. they instigated the assailant Aslam for causing the death of Raju. A 315 bore pistol along with empty cartridge was recovered from Aslam on the place of incident.