GUDDU Vs. STATE OF U.P.

JUDGEMENT

(1.) These two appeals have been filed by the appellants namely, Guddu @ Khaleel and Jameel Kapadiya against the common judgment and order dtd. 6/3/2019 passed by learned Second Special Judge/ Additional District Sessions Judge, Hamirpur in Special Case No. 15 of 2012, State Vs. Jameel Kapadiya and others and Special Case No. 30 of 2014, State Vs. Guddu @ Khaleel, both arising out of case crime no. 1380 of 2011, police station Maudaha District Hamirpur whereby the appellants along with co -accused Saggan have been convicted under sec. 307/34 I.P.C. for a period of 7 years R.I. and to pay fine of Rs.5000.00 each and in default of payment of fine, they have to further undergo three months simple imprisonment. All the accused persons are acquitted of the charges under sec. 3(2)(5) of SC/ST Act, 1989.

(2.) As both the above mentioned appeals rise out of the same judgment and order so both are being heard together and are decided by a common judgment.

(3.) The facts germane to the proceedings are that on 30/9/2011 at about 20.40 hours Mahesh Kumar son of Pragi Lal Chamar gave a complaint at police station Maudaha District Hamirpur that on 30/9/2011 itself at 8 p.m. Guddu, Jameel Kapadiya along with two others have stabbed Ajay son of Kishan in his abdomen. The blood is oozing from the wound. His family members have taken him to the hospital.