SHARAFAT Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Noor Mohammad, learned counsel for the appellants and learned AGA for the State.

(2.) This appeal has arisen from the judgement and order dated 22.02.2013 passed by learned Additional Sessions Judge, Saharanpur in S.T. No.2 of 2012, State of U.P. v. Sharafat and another (Crime No.308/11) under Section 304 I.P.C., Police Station Mandi, District Saharanpur and S.T. No.1 of 2012, State v. Sharafat (Crime No.309 of 2011) under Section 25/4 Arms Act, Police Station Mandi, District Saharanpur. The learned Sessions Judge convicted both the accused for life imprisonment under Section 302 read with section 34 of Indian Penal Code with fine of Rs.10,000/- and six months rigorous imprisonment under Section 25/4 of the Arms Act.

(3.) The factual scenario as it unfurls from the record and the F.I.R are that the accused in unison caused death of the deceased on 26.7.2011 at 3.45 p.m. when Bano and Khursheed had lodged the F.I.R. convening to the Police that her sister Riyashat who was wife of one Sharafat son of Saif Ali residing in Siraj Colony, Police Station Mandi was married before 12 years with Sharafat.