ABDUL KHALIQ Vs. STATE OF U.P.

JUDGEMENT

(1.) These two appeals have been preferred against the impugned judgment dated 31.08.2018, passed by Additional Sessions Judge/Fast Track Court-II, Basti, in two connected Sessions Trial No. 110 of 2011 (State vs. Abdul Khaliq and 6 others), arising out of Case Crime No. 2B of 2009, under Sections 147, 148, 149, 323, 504, 506, 307 I.P.C. and Section 7 of the Criminal Law Amendment Act, Police Station Rudhauli, District Basti and in Sessions Trial No. 168 of 2011 (State vs. Islahur Rahman @ Islam and 14 others), arising out of Case Crime No. 2 of 2009, under Sections 147, 148, 323/149, 504, 506 I.P.C. and Section 7 of the Criminal Law Amendment Act, Police Station Rudhauli, District Basti.

(2.) In Sessions Trial No. 110 of 2011, the accused-appellants Abdul Khaliq, Razi Ahmad @ Raju, Tufel Ahmad, Nurul Huda, Jamil Ahmad, Ujer Ahmad and Abdul Mutaliq have been convicted and sentenced for the offence under Section 307/149 I.P.C. for seven years simple imprisonment and fine of Rs. 5000/- each and in default six months additional imprisonment, under Section 323/149 I.P.C. for six months simple imprisonment and fine of Rs. 500/- each and in default one month additional imprisonment, under Section 147 I.P.C. for six months simple imprisonment and fine of Rs. 500/- each and in default one month additional imprisonment, under Section 148 I.P.C. for two years imprisonment along with fine of Rs. 2000/- each and in default three months additional imprisonment. The appellants have been acquitted for the offence under Sections 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act.

(3.) In Sessions Trial No. 168 of 2011, the accused-appellants Islahur Rahman @ Islam, Miswahur Rahman, Abdul Mutaliq, Abdul Khaliq, Jamil Ahmad, Tufel Ahmad, Wasiullah, Ujer Ahmad, Nurulhuda, Ainuullah, Iflahur Rahman, Gulam Husen, Israhul Haq, Taufiq Ahmad and Razi Ahmad have been convicted and sentenced for the offence under Section 147 I.P.C. for six months imprisonment each, under Section 323/149 I.P.C. for six month imprisonment and fine of Rs. 500/- each and in default one month additional imprisonment. The appellants have been acquitted for the offence under Section 148, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act.