STATE Vs. NAUSHAD

JUDGEMENT

(1.) These two appeals connected arise out of the impugned judgment and order dated 5.4.1982 and are entwined by same set of facts and law, therefore, they are being decided together by this common judgment.

(2.) Government Appeal no. 1659 of 1982 under Section 378 Cr.P.C. ' State of Uttar Pradesh Vs. Nausad and five others' as well as criminal appeal no.1097 of 1982 under Section 374 Cr.P.C. have been filed by accused appellants Yamin and five others challenging the impugned judgment and order dated 5.4.1982 whereby the learned trial court has acquitted the accused Yamin under Section 302 I.P.C. and rest of the accused acquitted under Section 302/149 I.P.C. but convicted accused Naushad, Akhlaq, Yamin, Maqsood under Section 148 I.P.C. while accused Mahfooz and Shahroz under Section 147 I.P.C. Accused Yamin was convicted under Section 304 Part II of I.P.C. and under Section 324/149 I.P.C. Accused Naushad, Akhlaq and Maqsood were held guilty under Section 324 I.P.C., Mahfooz and Shahroz were convicted under Section 324/149 I.P.C. Accused Naushad was further convicted under Section 324/149. Akhlaq was convicted under Section 324/149 I.P.C. while Maqsood was convicted under Section 324/149 I.P.C. Accused Yamin was awarded sentence of three years rigorous imprisonment under Section 304 Part II of I.P.C. and he was further sentenced to undergo rigorous imprisonment for six moths under Section 324/149 I.P.C. He was further sentenced to undergo rigorous imprisonment for six months under section 148 I.P.C. However, all the sentences were directed to run concurrently.

(3.) Accused Naushad, Akhalaq, Maqsood, Mahfooq and Shahroz were granted benefit of Section 4 of U.P. Probation of First Offenders Act. Instead of sentencing them to any punishment at once learned trial court released them on probation of good conduct on their entering into a bond of Rs.3000/- with two sureties each in the like amount to appear and receive sentence whenever called upon during a period of two years and in the meantime to keep the peace and be of good behaviour.