MUJJAMMIL AND ORS. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT criminal appeal has been filed by the appellants against the judgment and order dated 04.06.2003 passed by the Addl. Sessions Judge/3rd FTC, Rudrapur, Udham Singh Nagar, whereby the appellants were convicted and sentenced to undergo rigorous imprisonment for a period of 1 1/2 years each alongwith a fine of Rs. 1000/ - each under Section 307 IPC. Both the appellants were also convicted and sentenced to undergo rigorous imprisonment for a period of 1 year under Section 25 Arms Act. However, accused -Lakhan was acquitted from the charges levelled against him.

(2.) AN FIR was lodged against the appellants and another for the offences punishable under Section 307 IPC and Section 25 Arms Act on 22.12.2001 at Police Station Rudrapur, District Udham Singh Nagar. The incident took place on the selfsame day at 11:15 AM. A recovery memo was prepared and on the basis of the same, a chick FIR was lodged.

(3.) AFTER investigation of the case, a charge -sheet was submitted against the accused persons.