MUKHTIYAR Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the Appellants under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Code of Criminal Procedure.), is directed against the judgment and order dated 5.8.1994 passed by the Additional Sessions Judge, Roorkee in Sessions Trial No. 555/1985, State of U.P. v. Mukhtiyar @ Goto S/o Jamaludin and Ors., whereby the learned Additional Sessions Judge has convicted the Appellant No. 6 Mukhtiyar @ Gola S/o Jamaludin under Section 148, 307/149, 323/149, 324/149 & 506 of Indian Penal Code, 1860 (for short, Indian Penal Code) and sentenced him to undergo one year's R.I. Under Section 148 Indian Penal Code, five years' R.I. Under Section 307/149 Indian Penal Code along with a fine of Rs. 1000/ - and in default, to undergo additional six months' imprisonment, six months' R.I. Under Section 323/149 Indian Penal Code, one year's R.I. Under Section 324/149 Indian Penal Code and one year's R.I. Under Section 506 Indian Penal Code. All the sentences were directed to be run concurrently. Appellants/accused Mukhtiyar S/o Ibrahim, Israr, Yakub, Idrish and Akhter, each of them were convicted under Section 147, 307/149, 323/149, 324/149 & 506 Indian Penal Code and each of them were sentenced to undergo one year's R.I. Under Section 147 Indian Penal Code, five years' R.I. Under Section 307/149 Indian Penal Code along with a fine of Rs. 1000/ - each and in default, to undergo additional six months' imprisonment, six months' R.I. Under Section 323/149 Indian Penal Code, one year's R.I. Under Section 324/149 Indian Penal Code and one year's R.I. Under Section 506 Indian Penal Code. All the sentences were directed to be run concurrently.

(2.) APPELLANT No. 3 Yakub and Appellant No. 4 Idrish died during the pendency of the appeal and hence, appeal of the Appellants No. 3 & 4 was abated vide order dated 22.5.2009 passed by this Court.

(3.) ON the basis of the FIR Ex. Ka -1, chick FIR Ex. Ka -8 was prepared by Head Moharrir Jagroshan. He also made the necessary entries in the GD. Copy of GD is Ex. Ka -9. Investigation of this case was entrusted to S.I. Shishupal Singh. Injured Irshad Ali (PW2) was medically examined by PW8 Dr. S.C. Singhal at Harmilap Hospital, Haridwar on 13.10.1983 at 10.15 pm, who prepared the medical examination report Ex. Ka -10. Thereafter the injured Irshad Ali was admitted to BHEL Hospital, Ranipur where he was medically examined by PW7 Dr. D.K. Tripathi, who prepared the medical examination report Ex. Ka -5. Injured Nisar Ahmad (PW3) was medically examined by PW4 Dr. G.K. Singhal at State Dispensary, Jwalapur on 14.10.1983 at 2.45 am, who prepared the medical examination report Ex. Ka -4. PW6 Sayedan was also medically examined by PW4 Dr. G.K. Singhal on the same day at 2.55 am, who also prepared the medical examination report Ex. Ka -3. During the course of investigation, the bloodstained clothes were taken into possession by the I.O. and fard Ex. Ka -2 was prepared. During the course of investigation, the I.O. inspected the place of occurrence and prepared the site plan Ex. Ka -7. The I.O. recorded the statements of the witnesses during the course of investigation and after completing the investigation, he filed the chargesheet Ex. Ka -6 against the accused Appellants.