AKRAM Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants (hereinabove) namely Akram, Aslam and Ashraf, sons of Khairati against the impugned judgment and order dated 28.2.2008 passed by learned Additional District and Sessions Judge (Fast Track) Hindaun City, District Karauli in Sessions Case No. 79/2002 (112/2001) whereby accused appellant Akram was convicted for offence under Sections 302, 324/34, 323/34 IPC and also 3/25 Arms Act whereas Aslam for 302 with the aid of 34 IPC, 324 and 323 with the aid of 34 IPC and Ashraf for 302 with the aid of Sec. 34, 324/34 and 323/34 IPC. The learned Trial Judge awarded sentences to them as under:

(2.) ASLAM : Under Section 302/34 IPC: Life imprisonment and fine of Rs. 500/-, in default of payment thereof to further under six months' imprisonment. Under Section 324 IPC: One year's rigorous imprisonment and fine of Rs. 200/-, in default of payment thereof to further under two months' imprisonment. Under Section 323/34 IPC: Three month's rigorous imprisonment.

(3.) THE learned Sessions Judge, after hearing the charge arguments, read over the charges to the accused persons. Accused Akram was charged with offence under Sections 148, 323/149, 302, 324/149 IPC as also 3/25 Arms Act; Aslam for offence under Sections 148, 323/149, 302/149 and 324 IPC; whereas Ashraf with offence under Sections 323/149, 324/149, 302/149 and 148 IPC. Accused Raffko is not before us (since acquitted) and no appeal by the State Government, hence no discussion with regard to Mst. Raffko is required.