SHAUKAT ULLA Vs. STATE OF M.P.

JUDGEMENT

(1.) The present criminal appeal u/S 374 of CrPC has been preferred, challenging impugned judgment of conviction and order of sentence dtd. 25/02/2011 passed by First Additional Sessions Judge, Guna (MP) in ST No.370/2009, whereby the appellants have been convicted u/S 302/34 IPC and sentenced to undergo Life Imprisonment with fine of Rs.10,000.0010,000/- and further, they have been convicted u/S 307/34 IPC and sentenced to undergo 10-10 years rigorous imprisonment (two counts) for attempting to commit murder of complainant Amjad Ulla and Firoj Ulla with fine of Rs.5,000.005,000/- (two counts means Rs.10,000.00 each) and they have, further been directed to deposit fine amount of Rs.5,000.00 Rs.5,000.00 for commission of offence u/S 427/34 IPC, with default stipulations. All the sentences have been directed to run concurrently.

(2.) As per the verification report dtd. 24/03/2022 received from the Central Jail, Gwalior, appellant No.2 Rafat Ulla expired while he was in jail. Therefore, the appeal filed by appellant No.2 Rafat Ullah has been dismissed as abated.

(3.) Prosecution case, in short, is that on the date of incident i.e. 4/7/2009 at about 02:30-03:00 pm, when complainant Amjad Ulla had gone along with his brothers Firoj Ulla and Shami Ulla to his agricultural field for the purpose of cultivation, all the accused, namely, Shaukat Ulla, Rafat Ulla, Jan Hasan and Abid Khan who were having firearms, came there and started firing at the complainant and others as a result of which, complainant Amjad Ulla, Firoj Ulla and Shami Ulla sustained grievous injuries in the incident and at that time, appellant No.3 accused Abid Khan by abusing destroyed pulsar motorcycle of complainant and threatened to kill. Thereafter, Ranjit Rajak, Arif Khan and Saki Ulla case there and intervened the matter.