SHABBAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 08.12.2003 passed by the Additional Session Judge/3rd F.T.C, Udham Singh Nagar in Session Trial No. 387 of 2002 'State vs. Nanha @ Saleem and another' convicting the appellant and another accused Nanha @ Saleem under the provisions of Section 363, r/w 511 of IPC 1860 requiring each of the them to undergo rigorous imprisonment of two years along with fine of Rs. 500/- each and under Section 366 r/w 511 to undergo rigorous imprisonment of three years with fine of Rs. 500/- each and in case of non-payment of fine, they have to undergo for three month rigorous imprisonment. Apart from the conviction and sentenced awarded above the appellant and Nanha co-accused were also convicted to undergo rigorous imprisonment of three months under Section 323 of IPC.

(2.) Both the convict appellant Sabban and Nanha they preferred respectively criminal appeal No. 13 of 2004 and 371 of 2004, during the pendency the appeals both the appellants were granted bail by this Court. The appellant was released on bail on furnishing personal bond and sureties. But another convict Nanha he could not submit the sureties bond thus was not released from jail, he completed the sentence awarded to him and his appeal No. 371 of 2004 was dismissed infructuous.

(3.) Brief facts of the case are that a FIR was lodged by Rafeeq Ahmed against the appellant and Nanha on 01.07.2002, stating therein that at about 10:30 PM, he alongwith his wife went to the house of village pradhan to made a complaint against the accused persons. When the informant and his wife were coming back from the house of village pradhan they saw that in front of his house some peoples were quarrelling and Nanha @ Saleem and Shabban present appellant were forcibly taking his daughter Kumari Sitara aged about 16 years, when his son Sharif Ahmed tried to save the girl, accused started to quarrel with sharif ahmad, then Sharif Ahmed and complainant they started to beat the accused persons, the son of the Sharif Ahmed and his daughter received injuries in scuffle. The accused persons tried to save themselves, the accused Nanha also sustained injuries in the quarrel.