ISLAM Vs. STATE

JUDGEMENT

(1.) THE six appellants have been convicted under Sections 399 and 402 IPC. Nasru, Mahendra and Qurban appellants have further been convicted under Section 25 Arms Act.

(2.) ISLAM appellant is resident of village Akbarpur within police station Fatehpur, district Saharanpur. Ali Sher appellant is resident of village Nawada. Mahendra appellant is resident of Village Budhkhara. Both these Villages are within police station Beharigarh, district Sharanpur. Yasin appellant is resident of Village Barheri, police station Roorki, district Saharapur. Nasru and Qurban appellants are residents of village Sikandrapur, within police station Fatehpur, district Saharanpur.

(3.) DEFENCE of the appellants was that they were not arrested at the time and place alleged by the prosecution and that they were arrested from their houses. Yasin appellant stated that he was a rickshaw driver and he was arrested from village Bhagwanpur. Qurban and Islam appellants asserted that they were arrested on 25-6-1974.