TASAVVUR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) All the aforesaid appeals arise out of an order passed by the Sessions Judge, Haridwar in Session Trial No. 62 of 2006, whereby all the accused have been convicted under Sections 302/149, 307/149, 506, 336, 148, 504, 323/149, 147 IPC and each of the appellants have been sentenced for life imprisonment under Section 302/149 IPC, four years imprisonment under Section 307/149 IPC, two years imprisonment under Section 506 IPC, six months imprisonment under Section 336 IPC, six months imprisonment under Section 148 IPC, four months imprisonment under Section 504 IPC, three months imprisonment under Section 323/149 IPC and three months imprisonment under Section 147 IPC.

(2.) At this stage, we must also state that out of three appellants in Criminal Appeal No. 36 of 2010, appellant Gulzar has passed away during the pendency of the appeal and the case against him is already abated by order of this Court dated 31.07.2018.

(3.) The incident is of 11.10.2005, which happened in a village called "Madhopur" in District Haridwar. At the relevant time, Panchayat Elections were on and for the Gram Sabha Madhopur, there were two main candidates who were in the fight for the office of Gram Pradhan. These two were Tanveer and Irfan, and the village seems to have been divided in two group, one for Tanveer and the other in support of Irfan. Although there were two other candidates as well, but they will not be relevant for our purposes. The vote had been cast a day or two earlier and on 11.10.2005 at about 07:45 PM villagers who are the present accused before this Court and who belong to the Tanveer group, mainly Farooq, Kamil, Tasavvur, Gulbahar, Gulzar and Suleman started abusing the complainant who was at that time present in the "Baithak" (Living Room), of his house. The complainant belongs to the other group i.e. the group of Irfan. The complainant further states that Kamil and Gulbahar in order to kill Ahsan who was in the group of Irfan, fired at him. The bullet hit Ahsan on his head. Meanwhile the other persons who were carrying sharp edged weapon and "Lathis" and stones inflicted blows on Naved, Sajid, etc. of the rival group Irfan group. An alarm was raised by Irfan and hearing the alarm, Khalid, Anwar and Riyasat came to the spot and the complainant and other persons were rescued from the assailants. The assailants went away warning and exhorting the complainant and others. This FIR was lodged at police station Gangnahar, Roorkee, Haridwar. The FIR further states that out of the injured Ahsan and Naved, the medical has been done and the condition of Ahsan is critical and therefore the doctors at the local hospital have referred him to Jollygrant ( Himalaya Hospital at Jollygrant, Dehradun, is a medical college in the outskirts of district Dehradun. ), Dehradun.