ROJU Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of a judgment and order dated 31.7.2000 passed by 3rd Additional Sessions Judge, Haridwar in Sessions Trial No. 115 of 1995, by which trial court has convicted the present appellants, namely Roju (since deceased), Shamshad, Ejaj, and Liyaqat under Sections 302 read with Section 149, 307 read with Section 149, 325 read with Section 149, and under Section 323 read with 149 of Indian Penal Code, 1860 (from hereinafter referred to as IPC). Each one of the above four convicts has been sentenced to imprisonment for life under Section 302 / 149 of IPC, and fine of Rs. 2,000/-, in default of which, each one of the accused was directed to undergo further imprisonment for a period of eight months, further a rigorous imprisonment for a period of seven years under Section 307/149 IPC and fine of Rs. 1,000/-, in default of which, further imprisonment of four months was also given and a rigorous imprisonment for three years under Section 325/149 IPC and fine of Rs. 500/-, in default of which, each one of the accused was directed further imprisonment for two months, and rigorous imprisonment of six months under Section 323/149 IPC.

(2.) HEARD Sri S.P.S. Panwar, Senior Advocate, assisted by Mr. H.C.Pathak, Advocate for the appellants and Sri Prabhakar Joshi, Brief Holder for the State.

(3.) AS per the F.I.R. the incident had taken place on 7.7.1994 at about 4 P.M. The First Information Report was lodged at about 6.30 A.M. the next morning and the time when the deceased (Noora) died is 4 A.M. These are all admitted facts. The First Information Report (Exhibit A-1) was lodged at Police Station Manglore, Haridwar, which was registered as Crime No. 228/1994 against the accused persons, namely, Ejaj Ali, Jabbar, Shamshad, Liyaqat and Roju under Section 147, 148, 149, 302, 307 IPC. The matter was investigated by PW5 Sub Inspector Maqsood Hasan, who after interrogating the witnesses and on completion of the investigation, submitted a charge-sheet (Exhibit A-15) against accused persons in respect of offences punishable under Sections 302/149, 307/149, 325/149, 323/149.