PARVEZ @ BAKRA AND ANOTHER 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.PC. and sentencing the appellants to imprisonment for life. Aslam, another co-accused was also convicted under sec­tion 302, I.PC.

(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.PC. 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 one, 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 PM., complainant Rajender, deceased Raju and one Vinod S/o Vanu were sitting on Double Fatak Pul and at that time Aslam alongwith 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.) A perusal of the FIR shows that accused-applicants Parvez © Bakra and Arshad were armless. The FIR reads as under: