MEHBOOB Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since common questions of law and facts are involved in the above-titled criminal appeals, hence the same are taken up together and are being adjudicated by this common judgment.

(2.) These appeals are directed against the judgment and order dated 18.09.2012, rendered by learned Vth Additional Sessions Judge, Haridwar in Session Trial No.429 of 1998, whereby the appellants-accused, who were charged with and tried for the offences under Section 302 read with Section 149 of IPC were convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- each and in default of payment of fine to under additional imprisonment for a period of six months. They were also convicted and sentenced to undergo rigorous imprisonment punishable under Section 148 of IPC for a period of three years and to pay a fine of Rs.1,000/- each and in default of payment of fine to undergo additional imprisonment for a period of one month. They were further convicted and sentenced to undergo rigorous imprisonment punishable under Section 147 of IPC for a period of one year and to pay a fine of Rs.1,000/- each and in default of payment of fine to undergo additional imprisonment for a period of one month.

(3.) The case of the prosecution, in a nutshell, is that PW1 Zakir lodged an FIR on 23.05.1998 to the effect that his 20 years old son was driving tempo. He had gone out of house on 22.05.1998 at 10:00 PM. He thought that he had gone to answer the call of nature. He has gone to sleep. On 23.05.1998 at 6:00 PM, he came to know from the night watchman of village Ghodewala that the dead body of his son was lying in the field of Noor Ahmad. He went to the spot and saw bullet marks on the body of his son. A country made pistol was lying near the body. His son was killed. The postmortem was conducted and the investigation was carried out and the challan was put up after completing all the codal formalities. The prosecution has examined as many as ten witnesses in its support. The statements of the accused were also recorded under Section 313 of Cr.P.C. They have denied the case of the prosecution. The accused were convicted and sentenced, as noticed hereinabove. Hence, these appeals.