MUKHTIYAR AND OTHERS Vs. STATE

JUDGEMENT

(1.) THIS appeal, pre­ferred by the appellants under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C), is directed against the judgment and order dated 5.8.1994 passed by the Additional Sessions Judge, Roorkee in Sessions Trial No. 555/1985, State of U.P. v. Mukhtiyar @ Gola S/o Jamaluddin and others, whereby the learned Additional Sessions Judge has convicted the appellant No. 6 Mukhtiyar @ Gola S/o Jamaluddin under section 148, 307/149, 323/149, 324/149 and 506 of In­dian Penal Code, 1860 (for short, IPC) and sentenced him to undergo one year's R.I. under section 148 IPC, five years' R.I. un­der section 307/149 IPC along with a fine of Rs. 1000/- and in default, to undergo additional six months' imprisonment, six months' R.I. under section 323/149 IPC, one year's R.I. under section 324/149 IPC and one year's R.I. under section 506 IPC. All the sentences were directed to be run concurrently. Appellants/accused Mukhti­yar S/o Ibrahim, Israr, Yakub, Idrish and Akhter, each of them were convicted under sections 147, 307/149, 323/149, 324/149 and 506 IPC and each of them were sen­tenced to undergo one year's R.I. under section 147 IPC, five years' R.I. under sec­tion 307/149 IPC along with a fine of Rs. WOO/- each and in default, to undergo ad­ditional six months' imprisonment, six months' R.I. under section 323/149 IPC, one year's R.I. under section 324/149 IPC and one year's R.I. under section 506 IPC. All the sentences were directed to be run concurrently.

(2.) APPELLANT No. 3 Yakub and appel­lant No. 4 Idrish died during the pendency of the appeal and hence, appeal of the ap­pellants Nos. 3 and 4 was abated vide order dated 22.5.2009 passed by this Court.

(3.) ON the basis of the FIR Ex. Ka-1, chick FIR Ex. Ka-8 was prepared by Head Moharrir Jagroshan. He also made the nec­essary entries in the GD. Copy of GD is Ex. Ka-9. Investigation of this case was en­trusted to S.I. Shishupal Singh. Injured Ir­shad Ali (PW2) was medically examined by PW8 Dr. S.C. Singhal at Harmilap Hospital, Haridwar on 13.10.1983 at 10.15 pm, who prepared the medical examination report Ex. Ka-10. Thereafter the injured Irshad Ali was admitted to BHEL Hospital, Ranipur where he was medically examined by PW7 Dr. D.K Tripathi, who prepared the medical examination report Ex. Ka-5. Injured Nisar Ahmad (PW3) was medically examined by PW4 Dr. G.K. Singhal at State Dispensary, Jwalapur on 14.10.1983 at 2.45 am, who prepared the medical examination report Ex. Ka-4. PW6 Sayedan was also medically examined by PW4 Dr. G.K. Singhal on the same day at 2.55 a.m., who also prepared the medical examination re­port Ex. Ka-3. During the course of investi­gation, the bloodstained clothes were taken into possession by the I.O. and Fard Ex. Ka-2 was prepared. During the course of investigation, the I.O. inspected the place of occurrence and prepared the site plan Ex. Ka-7. The I.O. recorded the statements of the witnesses during the course of inves­tigation and after completing the investiga­tion, he filed the charge-sheet Ex. Ka-6 against the accused-appellants.