HAKIM Vs. STATE OF U.P.

JUDGEMENT

(1.) As these four appeals arise out of a common judgment and order dtd. 25/7/2019 passed by the Addl. Sessions Judge, Court No.3, Mathura, they are being heard together and are being decided by a composite order.

(2.) Criminal Appeal Nos. 6632 of 2019, 6501/2019 and 3104 of 2019 and Jail Appeal No.151 of 2019 are against the judgment and order dtd. 25/7/2019 passed by the Addl. Sessions Judge, Court No.3, Mathura in Sessions Trial nos. 803/2013 and 344/2014, by which the appellants have been convicted under Ss. 147, 148, 302 IPC read with Sec. 149 IPC awarding imprisonment for life with a fine of Rs.25,000.00 and a default sentence of one year three months. FACTS

(3.) The prosecution story in brief is that on 6/1/2013, Bacchu Singh (PW-1) lodged a First Information Report in the Police Station-Refinery, Mathura against the appellants and one Ravi son of Kishani alleging that on 6/1/2013, when his brother Suresh Chandra had gone in the morning hours to answer the nature's call, he was followed by the PW-1 Bacchu Singh, brother of the deceased, Vikram (PW-2) son of the deceased and Lauki, the father of the deceased and when the deceased reached the agricultural field, where mustard (sarson) was sown, then with the pre-determined mind the accused Hakim Singh son of Girraj (A-1), Lauki son of Girraj (A-2), Ajay @ Ajju son of Pooran (A-3), Kishani son of Patiram @ Patti (A-4), Hakim son of Niranjan Singh (A-5) and Ravi son of Kishani (A-6) and who were hiding behind the mustard crop at 08:30 in the morning resorted to gun-shot firing and also by using Farsa and knife, they inflicted injuries on account whereof Suresh Chandra (deceased) succumbed to the injuries and died. The case was registered by the police as Case Crime no.6 of 2013, under Ss. 147, 148, 149 IPC read with Sec. 302 IPC.