RAJU AND ORS. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By the judgment under appeal, the appellants have been convicted for the offence punishable under Section 302, 201 and 404 read with Section 34 of the Indian Penal Code (for short IPC) and each one of them have been sentenced for life imprisonment with fine of Rs. 10,000/- under Section 302/34 IPC and in default of payment of fine, further imprisonment for one year has been awarded. The appellants have further been sentenced under Section 201/34 and 404/34 IPC and each one of them have been awarded three years rigorous imprisonment with fine of Rs. 5,000/- for each offence and further imprisonment for six months for each default in making payment of fine has been awarded.

(2.) On 19.08.2007, PW-1 Shahdab Hussain (complainant) submitted a written complaint to Station House Officer, Haldwani, with the assertion that on 18.08.2007 at about 8:00 p.m., when he was closing his shop, two boys, namely, Raju and Rais @ Bablu, working in the shop of Shafat Hussain, came at his shop and told Shafat Hussain that Rabia Amma is ill and is calling him. When the boys insisted, brother of the complainant i.e.

(3.) As a result thereof, the trial commenced. The trial Court framed charge of offence punishable under Section 302/34, 201/34 and 404/34 I.P.C. against the accused/ appellants, who pleaded not guilty and claimed to be tried. The prosecution, in order to prove its case, examined as many as thirteen witnesses. The accused/ appellants did not produce any evidence in their defence. After considering the evidence on record, the trial Court convicted the appellants as mentioned above.