BAROO & OTHERS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Appellants Baroo (A1), Saleem (A2), Mustaqeen (A3) and Iqbal (A4) have challenged the judgment and order dated 16.5.2003 rendered by Additional Sessions Judge/FTC, Roorkee, District Haridwar. Appellants were found guilty for the offences of Section 147, 323/149, 324/149 and 325/149 IPC. Instead of passing any sentence against them looking to the backgrounds of the matter, the Court below was pleased enough to release all the convicted persons on probation.

(2.) It is pertinent to mention that along with these four appellants, there were others too, namely, Barkat and Koodha, who died before the impugned judgment could be delivered by the Trial Court. Accused Koodha since was having the sharp edged weapon in his hand at the time of incident, hence a charge of Section 148 IPC was also levelled against him and initially all the accused persons were charged in addition to for the offence of Section 307 IPC also. They were not found guilty for the offence of Section 307 IPC, while their conviction has been recorded as stated above.

(3.) Although it was a cross case, but there is nothing before this Court to show as to what happened about that cross-version.