LAWS(UTN)-2025-5-29

AZAM Vs. STATE OF UTTARAKHAND

Decided On May 07, 2025
Azam Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) This appeal is preferred by the appellant under Sec. 374 (2) against the judgment and order dtd. 26/3/2007 passed by the learned Additional Sessions Judge, Roorkee, District Haridwar in Sessions Trial No.44 of 2006 and Sessions Trial No.45 of 2006, State vs. Azam, whereby, the accused appellant has been convicted under Sec. 307 IPC and Sec. 25 of the Arms Act, 1959 ("the Act") respectively and was sentenced to undergo 7 years rigorous imprisonment with fine of Rs.50,000.00 with default stipulation of additional 1.5 years rigorous imprisonment under Sec. 307 IPC and 1 year rigorous imprisonment with fine of Rs.2,000.00 with default stipulation of additional 6 months rigorous imprisonment under Sec. 25 of the Act. Both the sentences were directed to run concurrently. The learned Additional Sessions Judge awarded Rs.40,000.00 as compensation to the victim.

(2.) In brief, the prosecution case is that on 23/11/2005 at around 4:00 P.M., the daughter (Kumari Naila) of complainant (Safdar Khalil) was standing at the terrace of his neighbour (Liaqat) talking to her friend Aarti. Finding an opportunity one Mr. Aajam S/o Liaqat shot her with country made pistol and fled away.

(3.) On the basis of above facts, an FIR was lodged by the informant (PW 1) in P.S. Gang Nahar, District Haridwar. Due sanction of District Magistrate was taken to register a case under Sec. 25 of the Arms Act and after investigation, two separate charge-sheets were filed by the Investigating Officer under Sec. 307 IPC and Sec. 25 of the Act. As both the charge-sheets were related to the same incident. The learned trial court undertook a joint trial, after consolidating both the cases.