ANEES Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Ajay Kumar Mishra, learned counsel for the appellants and learned A.G.A. for the State. Sri Lokesh Kumar Mishra, learned counsel for the informant has absented himself.

(2.) This appeal challenges the judgment and order dtd. 5/8/2010 passed by Additional Sessions Judge Fast Track Court No.1, Meerut in Sessions Trial No. 735 of 1997 (State vs. Anees and others) convicting accused-appellants under Sec. 302/149 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced the accused-appellants to undergo imprisonment for life with fine of Rs.2,000.00 each and in case of default of payment of fine, further to undergo imprisonment for a period of two years.

(3.) The five accused were alleged to have committed an offence, on 15/4/1997 when all of them pursuant to their common intention to do away with Ajeej s/o Ahmad Majeed, who had borrowed the sum of Rs.50,000.00 from one Anees @ Gama. On 15/4/1997 at about 6:00 PM, when informant and his brother went the residence of Anees @ Gama for getting back the money. At that time, Anees @ Gama holding an iron rod, Nasreen also had an iron rod, Firoz was having a brick, Nafees had stick in his hand and Hafeez Khurshid, Ujer and Anees @ Gama tried to assault the persons and exalted that as the deceased and his brother were daily demanding money, they be done to death. A quarrel ensued between the parties. Anees @ Gama did away with Ajeej on F.I.R. being lodged, the prosecution was moved into motion and accused were alleged to have committed an offence under Sec. 147, 148 read with Sec. 302 I.P.C.