ABIL @ ADIL AND ANR. Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THESE two appeals, preferred under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred as Code of Criminal Procedure), are directed against the same judgment and order dated 07 -05 -2007, passed by learned Additional Sessions Judge IInd, Dehradun, in Sessions trial No. 48 of 2004, whereby accused /Appellants Abil alias Adil, Usman, Zeeshan and Imdad, are convicted under Section 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and each one of the convicts/Appellants is sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/ -. In default in payment of fine, the defaulter is directed to undergo further two years rigorous imprisonment. It is also mentioned in the impugned judgment that 1/4th of the fine shall be paid as compensation to the widow of deceased -Maksood.

(2.) HEARD learned Counsel for the parties and perused the trial court's record.

(3.) THE Magistrate, on receipt of the charge sheet, after giving necessary copies to the accused, as required under Section 207 Code of Criminal Procedure committed case to the court of Sessions, for trial. Trial court after hearing the parties, on 12 -05 -2004, framed charge of offences punishable under Section 302 read with Section 34 I.P.C. against all the four accused, who pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1 Sayeed Ahmad, an eye -witness and scribe of the report, P.W. 2 Yakoob, another eye -witness, P.W.3 imran Khan, son of the deceased and informant, P.W.4 Dr. A.K. De, who recorded injuries of Maksood Ahmad (deceased), P.W.5 Dr. J.P. Uniyal, Orthopedic Surgeon, P.W.6 Sub -Inspector Ved Pal Tomar, who initially investigated the crime, P.W.7 Dr. K.B. Joshi, who conducted post mortem examination on the dead body of the deceased and P.W.8, Sub -Inspector Vijay Singh Goswami, who completed the investigation. The oral and documentary evidence were put to the accused/Appellants, to which they alleged to be false and pleaded that they have been falsely implicated due to enmity. In defence, D.W.1 Iqbal Hasan and D.W.2 Rayees Ahmad, were got examined on behalf of the accused. They stated that Maksood (deceased) was a quarrelsome person who had enmity with other people also. After hearing the parties, the trial court found the accused/Appellants guilty of offence punishable under Section 302 read with Section 34 I.P.C. vide judgment and order dated 05 -05 -2007. And after hearing on sentence on 07 -05 -2007, each one of them is sentenced to undergo imprisonment for life and directed to pay fine of Rs. 10,000/ -. In default of payment of fine, the defaulter was directed to undergo further rigorous imprisonment for a period of two years. Aggrieved by said judgment and order dated 05 -05 -2007/07 -05 -2007, criminal appeal No. 191 of 2007, is preferred by convicts Abil alias Adil and Usman and criminal appeal No. 213 of 2007, is filled by Convicts Imdad Hasan and Zeeshan Ali.