FIROZ Vs. STATE OF U P

JUDGEMENT

(1.) The instant two appeals arise from a common Session Trial No. 184 of 2001. Appellant Firoz was also sent up for trial for an offence under Section 25, Arms Act in Session Trial No. 185 of 2001. Both session trials were decided together.

(2.) Appellants have been convicted by learned Additional Sessions Judge, F.T.C. No. 3, Saharanpur vide judgment and order dated 23.2.2005, under Sections 302/34, I.P.C. and sentenced to undergo life imprisonment and fine of Rs. 10,000 each. In default of payment of fine, further imprisonment of one year. In addition Appellant Firoz was convicted under Section 25, Arms Act and sentenced to one year R.I. and fine of Rs. 500. In default of payment of fine, further imprisonment of three months. The two Appellants are father and son. Firoz is son, who is in jail since 25.2.2005. Inam is father and on bail.

(3.) Incident is alleged to have taken place on 10.12.1999 at 10: 00 a.m. in front of the house of accused/Appellants in village Dumjheri, Police Station Chilkana, District Saharanpur. First information report was lodged by Mohd. Iliyas P.W. 2 brother of deceased Mohd. Aslam, on the same day i.e., 10.12.1999 at 10: 30 a.m. at Police Station Chilkana, District Saharanpur. Police Station is said to be situated at a distance of 4 kilometres from place of occurrence.