ASGAR KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Braham Singh, learned counsel for the appellants, Sri Ratan Singh, learned A.G.A. for the State of U.P. and perused the material available on record.

(2.) This appeal has been preferred against the judgment and order dated 28.01.2004, passed in Session Trial No.709 of 1994, State of U.P. vs. Asghar and others, by which learned Additional Sessions Judge, Court No.13, Moradabad, has convicted and sentenced each of the appellants to undergo three years rigorous imprisonment and Rs.1000/- fine u/s 452 IPC, in default of fine to undergo three months additional simple imprisonment and to undergo life imprisonment and fine of Rs.5,000/-, u/s 302/34 IPC, in default of fine six months additional sentence.

(3.) In brief, prosecution case is that the house of informant Mohd. Ali is situated in the east at outer side of the village. In the intervening night of 26/27-6-1994 informant and his brother Arif were sleeping on the roof of his neighbour Komil Dhobi and his elder brother Farzand was sleeping on the roof above the door and his younger brothers Raees and Dhumi, mother, father, ladies and children were sleeping below in the courtyard.