(1.) These five appeals have been preferred against a common judgment and order dated 27.11.2017 passed by learned Special Judge (SC and ST Act)/ Additional Sessions Judge, Ghaziabad in Session Trial Nos. 1417 of 2016, 430 of 2017 and 503 of 2017, arising out of Crime No. 280 of 2016, under Sections 147, 302/34, 506 of IPC, Police Station Bhojpur, District Ghaziabad, whereby accused-appellants Irfan, Saleem, Nadeem, Waseem, Naushad and Mustkeem have been convicted under Section 147, 302/149 and 506 IPC. They have been sentenced to two years imprisonment under Section 147 of IPC, imprisonment for life along with fine of Rs. 20,000/- under Section 302/149 and two years imprisonment under Section 506 of IPC. In default of payment of fine, they have to undergo one year additional imprisonment. All the sentences have been directed to run concurrently.
(2.) As per FIR Ex. Ka-5, version of prosecution is that on intervening night of 21/22.08.2016 at 12:30 am, complainant's son Jeeshan (deceased) had gone outside his home to attend call of nature and after sometime, complainant and his family members heard cries of Jeeshan. Complainant Shaukeen (PW-1), his wife Gulshan (PW-2) and son Mahtab (PW-3) and Gulshanovar came outside their home and saw that accused Irfan, Saleem, Nadeem, Waseem, Naushad and Mustkeem were beating his son Jeeshan. Complainant and his family members tried to stop them but in vain. They gave beatings to Jeeshan by tying him with a tree inside house of Jaan Mohammad, father of accused Saleem, Nadeem and Waseem. Irfan took out a pistol and threatened said witnesses. They had beaten Jeeshan to death and asked complainant to take his dead body away. Complainant and his family members brought Jeeshan to their home and called a doctor, who declared him dead.
(3.) Complainant Shaukeen reported matter the to police by submitting written complaint Ex. Ka-1 and on that basis, case was registered on 22.08.2016 at 09:30 am against all six accused-appellants under Section 147, 302, 506, 34 of IPC.
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