SARDAR KHAN Vs. STATE

JUDGEMENT

(1.) ''These two appeals, preferred under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.) are directed against the judgment and order dated 8th November, 1982 passed by learned II Additional Sessions Judge, Nainital in Sessions Trial No.233 of 1981, whereby the accused/appellants Basaruddin, Sardar Khan @ Bholey Khan, Islam Khan (S/o Aslam Khan), and Islam Khan (S/o Sadi Khan) are convicted under Section 302 read with Section 34 and under Section 394 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.). Each one of the convicts is sentenced to imprisonment for life under Section 302/34 of I.P.C., and rigorous imprisonment for six years under Section 394 of I.P.C. On said count, (under Section 394 IPC) each convict is further directed to pay fine of Rs. 3,000. In default of payment, the defaulter is directed to undergo rigorous imprisonment for further period of one year.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) HE also admitted that Shiv Hari Sharma used to go to collect dues from the traders on Tuesdays and Wednesdays. He also admitted that on 28.7.1981 Shiv Hari Sharma deceased had gone to the accused in Khatima to collect the dues and he made payment of Rs. 20 to him. Rest of the evidence was denied by the accused (Basaruddin) as false. Other accused appellants denied entire evidence as false. However, no evidence in defence was given on behalf of the accused appellants. After hearing the parties, the trial Court found all the four accused namely Basaruddin, Sardar Khan @ Bholey, Islam Khan (son of Aslam) and Islam Khan (son of Sadi Khan) guilty of charge of offences punishable under Section 394 and 302/34 I.P.C. However, they were not found guilty of charge of offence punishable under Section 201 I.P.C. After hearing on sentence, each of the convicts is sentenced to imprisonment of life under Section 302 I.P.C., and to rigorous imprisonment for six years under Section 394 I.P.C. On said Count (under Section 394 I.P.C.), convicts were further directed to pay a fine of Rs.3,000 and in default of payment, the defaulter was to undergo further one years rigorous imprisonment. Aggrieved by the said judgment and order dated 8th November, 1982 passed by the learned II Additional Sessions Judge, Nainital in Sessions Trial No.233 of 1981 convicts Sardar Khan @ Bholey Khan, Islam Khan (son of Aslam Khan) and Islam Khan (son of Sadi Khan) preferred Appeal No.2905 of 1982 (now renumbered as 176 of 2008) and accused Basaruddin preferred appeal No.2906 of 1982 (now renumbered as Criminal Appeal No.177 of 2008) before the Allahabad High Court on 23rd November, 2008, where the two appeals were admitted on the same day. Both the appeals are received by transfer, by this Court under Section 35 of the U.P.Re -organisation Act, 2000 (Central Act No.29 of 2000) for their disposal.