SERAZUL SHAIKH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the appellants and learned counsel for the state.

(2.) The instant appeal is directed against the the judgment of conviction and order of sentence dated 25.1.2001 passed by Sri Binay Kumar Sinha, Additional Sessions Judge, Pakur in Sessions Case no. 208/86|32/89 and 40/87|120/89 by which judgment appellants were convicted u/s 148 and 353 of the I.P.C and sentenced them to undergo R.I for 2 years each under both count and sentences were directed to run concurrently.

(3.) It is submitted by learned counsel for the appellants that the conviction of the appellants are bad in law and fit to be set aside. The informant-Officer-in charge, Pakur Police Station lodged this case against the appellants and others to counter the murder charges leveled against him for committing the murder of Maimul Shaikh. He has further submitted that witnesses examined are all interested police witnesses and witnesses are enemical to the appellants, hence their conviction is bad in law and fit to be set aside. Lastly, he has relied upon the judgment reported in the case of State of Maharashtra V/s. Rashid B.Mulani, 2006 2 JLJR 180 where considering the age of the accused and since the incident occurred 19 years back, sentence of the accused were reduced. Learned counsel for the appellants has submitted that the two appellants who were convicted were aged about 40 years and 43 years on the date of conviction i.e on 25.1.2001and now they after 10 years they are aged about 50 and 53 years.