LIYAQAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dated 15.06.2012 passed in Sessions Trial No.129 of 2006, State Vs. Liyaqat and others and connected Sessions Trial No. 131 of 2006 and Sessions Trial No. 132 of 2006 by the court of learned second FTC/Additional Sessions Judge, Haridwar.

(2.) By the impugned judgment and order, the appellants Liyaqat, Riyasat, Abid and Julfakar have been convicted of the charge under Section 302/149, 307/149, 147, 148 IPC. In addition to it, appellant Liyaqat has been convicted under section 504 IPC; appellant Riyasat and Abid have been convicted under section 25 Arms Act, 1959 (for short 'the Act') and sentenced as hereunder:-

(3.) Briefly stated, according to the prosecution, on 15.01.2006, at 08:00 in the morning, PW1 Mashroof along with Maqsood and deceased Jahangir was going to Aqil's STD for a telephone. As soon as they reached at the door of Mehfooz, the appellants Liyaqat, Riyasat, Abid, Julfakar and co-accused Sharafat armed with country-made pistol and Palkati (sharp-edged weapon) reached there. Appellant Liyaqat exhorted the co-accused 'kill them'. All the appellants and co-accused Sharafat fired at them, due to which Jahangir died at the spot. Maqsood and PW1 Mashroof also sustained injuries. Hearing the noise, Mehboob, Javed, Pravez, Nadeem, Salman, Tasawwar, Iqbal, Shahnawaz, Mumtaz and Gulfam came at the spot. The appellants fired at them also and attacked them with Palkati. They all also sustained injuries. The appellants dragged the dead body of Jahangir. When the injured were returning to their homes, the appellant boarded on vehicles, followed them and opened fire in the air to terrorize them.