MOHD NADIM Vs. STATE

JUDGEMENT

(1.) The aforesaid two appeals have been preferred by the appellants named above to assail their respective conviction by the Trial Court under Section 307 read with Section 34 IPC. The appellant Mohd. Nadim has also assailed his conviction under Section 25/ 27 of the Arms Act. Whereas the appellant Mohd. Nadim stands sentenced to life imprisonment with fine of Rs.10,000/-, and in default of payment of fine to further undergo Simple Imprisonment for two months for the offence under Section 307 IPC; he has been sentenced to undergo Rigorous Imprisonment for three years for the offence under Section 25/ 27 of the Arms Act. His sentences are to run concurrently. The appellant Mohd. Haider has been sentenced to ten years Rigorous Imprisonment for the offence under Section 307 IPC with fine of Rs.3,000/- and in default of payment of fine, to further undergo Simple Imprisonment for one month. The benefit of Xhas been given to the appellant convicts.

(2.) We may at this stage itself observe that there was a third accused, namely Naimuddin, who was also convicted for the offence under Sections 307/ 34 IPC. However, during pendency of the appeal, it was found that he was juvenile, and consequently, he was released.

(3.) The relevant facts of the case, taken note of by the Trial Court, are as follows: