SHOAB AND ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Both the appeals have arisen out of the same judgment and order dated 30.07.2010, passed by learned Addl. Sessions Judge / I F.T.C., Roorkee, Haridwar, in S.T. No. 370 of 2009, whereby all the appellants have been convicted under Sec. 302 read with Sec. 34 of IPC, Sec. 201 read with Sec. 34 of IPC, Sec. 436 IPC, Sec. 392 of IPC, Sec. 411 of IPC, and Sec. 427 of IPC. Each one of them has been sentenced to imprisonment for life under Section 302/34 of IPC; five years rigorous imprisonment under Section 201/34 of IPC; seven years rigorous imprisonment under Sections 436 and 392 of IPC; three years rigorous imprisonment under Section 411 of IPC and rigorous imprisonment for a period of one year under Section 427 of IPC. All the sentences were directed to run concurrently. These two appeals are clubbed together and are being decided by a common judgment.

(2.) Prosecution story, in brief, is that complainant Riyasat Ali lodged a complaint with P.S. Kotwali Gangnahar, Roorkee, stating therein that he received a phone call from his younger brother Rashid on 18 / 19.08.2009, at 04:00 A.M., that his sister Samarjahan and niece Sazia, who used to live in Mohalla Teliwala of village Padli Gurjar were murdered and some unknown miscreants have set the house on fire. The dead bodies of the two were lying in charred condition in different rooms and the entire household goods, including the jewellery, was reduced to ashes.

(3.) On the basis of said complaint, case crime no. 228 of 2009, under Sections 302, 201, 427, 436, 392, 411 of IPC was registered at P.S. Kotwali Gangnahar on 19.08.2009, at 11:00 A.M., against unknown persons. The investigation of the case commenced. The Investigating Officer sent the dead bodies for postmortem, took evidence of the witnesses, inspected the place of incident and prepared site plan.