SHABIR ALI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS judgment shall govern the disposal of all the aforesaid three criminal appeals as all of them arise out of common judgment of conviction and sentence dated 24th August, 2004 passed by Seventh Additional Sessions Judge, Gwalior in Sessions Trial No.64/2004. By the aforesaid judgment, appellant Rauf Khan stood convicted for the offence punishable under section 307 IPC while remaining three appellants stood convicted for the offence punishable under section 307/34 IPC and all of them have been sentenced to under go rigorous imprisonment for seven years besides fine of Rs.1000.00 each, in default thereof, to further undergo six months rigorous imprisonment.

(2.) DURING the pendency of these appeals, complainant Shaukat has filed applications under section 320 Cr.P.C. (IA 1356/12 in Cr.A.505/2004) and IA11640/12 in Cr.A. 577/04) seeking permission to compound the offence with appellants except appellants of Cr.A.534/04 namely Raju alias Tahir and Pappu alias Veersingh. These applications were kept pending to be considered at the time of final hearing of these appeals.

(3.) COUNSEL for the appellants submitted that appellant Rauf remained in custody for 93 days during trial and after conviction he remained in custody for about three months and ten days. Similarly, remaining appellants remained in custody during trial and after passing of the impugned judgment for about a month.