STATE Vs. AKHTAR (SINCE DECEASED) AND ORS.

JUDGEMENT

(1.) THIS appeal, preferred under Section 378 of Code of Criminal Procedure, 1973 (herein after referred as Code of Criminal Procedure) is directed against the judgment and order dated 20 -06 -1989, passed in Sessions Trial No. 283 of 1987, by the then Sessions Judge, Nainital, whereby Respondents Akhtar, Mohd Umar, Nuru, Rais alias Gabru, Yamin, Yasin, Amir Bux and Alla Bux, were acquitted of the charges, framed against them relating to offences punishable under Sections 147, 148, 302/149, 307/149 and 324/149 of Indian Penal Code, 1860 (herein after referred as I.PC.) -

(2.) WE heard learned Counsel for the parties and perused the entire record of trial court.

(3.) THE Magistrate, on receipt of the charge sheet, took the cognizance of the case, and after giving necessary copies to the accused as required under Section 207 Cr.P.C, committed the case to the Court of Sessions, for trial. Learned Sessions Judge, after hearing the prosecution and the defence, framed charge of offences punishable under Section 148 I.P.C. (for unlawful assembly, armed with deadly weapons for commission of murder and voluntarily causing injuries), under Section 302 read with Section 149 IPC. (for participating in furtherance of common object of unlawful assembly in commission of murder of Asgar and Shakil), under Section 307 read with Section 149 I.P.C. (for participating in furtherance of common object of unlawful assembly in attempting to commit murder of Mobin) and that of punishable under Section 324 read with Section 149 I.P.C. (for participating in furtherance of common object of unlawful assembly in voluntarily causing hurt to Jamil Ahmad), against accused/Respondents Mohd. Umar, Nuru, Rais alias Gabru, Yamin and Yasin. A separate charge was framed against accused/Respondent Amir Bux and Alla Bux with regard to the offences punishable under Section 147 I.P.C. (for constituting unlawful assembly with common object), under Section 302 read with Section 149 I.P.C. (for participating in furtherance of common object in unlawful assembly for commission of murder of Shakil), under Section 307 read with Section 149 I.P.C. (for participating in furtherance of common object in unlawful assembly in an attempt to commit murder of Mobin), under Section 302 I.P.C. read with Section 149 (for participating in furtherance to common object in unlawful assembly in committing murder of Asgar), and under Section 324 read with Section 149 I.P.C. (for participating in furtherance to common object of unlawful assembly in voluntarily causing hurt to Jamil Ahmad). A separate charge was framed against accused Akhtar, relating to offences punishable under Section 148 I.P.C. (for being member of unlawful assembly, armed with deadly weapon with others in furtherance of common object to commit murder of Asgar), under Section 302 I.P.C. (for committing murder of Shakil), under Section 307 I.P.C. (for attempting to commit murder of Mobin), Section 324 with Section 149 I.P.C. (for participating in furtherance of common object of unlawful assembly in voluntarily causing hurt with deadly weapon to Jamil Ahmad) and under Section 302 read with Section 149 I.P.C. (for participating in furtherance of common object in unlawful assembly in committing murder of Asgar). All the accused pleaded not guilty and claimed to be tried.