RAFI ALIAS FURKAN Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Rafi Alias Furkan
STATE OF UTTARAKHAND
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U.C.DHYANI, J. -
(1.) CRIMINAL Law was set into motion at the
instance of Laxmi Dutt Bhatt s/o Hari Dutt Bhatt, resident
of House No. 10 Panditwari, PS Garhi Cantt, district
Dehradun in the instant case. He (Laxmi Dutt Bhatt) got
the complaint (Ext. Ka-1) scribbled by one Tulsi Ram
Bhatt on 07.07.2003 enumerating the facts therein that in
the intervening night of 6/7.07.2003 at 1:00 a.m. his
nephews informed him on telephone that the hooligans
ransacked the house of Sushil Kumar, who was sleeping in
his house which was under construction in front of house
of Satish Chandra Bhatt. The dacoits killed Sushil Kumar
and his wife Kulvinder Kaur around 12:15 am. When his
brother Satish Chandra Bhatt and his wife Vimla Bhatt
protested, the dacoits killed Satish Chandra Bhatt and his
wife Smt. Vimla Devi Bhatt also. The dacoits looted a
cash of Rs. 2500/- from Satish Chandra Bhatt's house
along with a chain and a quilt.
(2.) ON the complaint of Laxmi Chandra Bhatt, chik FIR (Ext. Ka-7) was lodged at district Kotwali Roorkee,
District Hardwar on 07.07.2003 at 3:45 am. Occurrence
took place on 6/7.7.2003 at 12:15 am. The distance
between the place of occurrence and the Police Station
was 4 kilometers. The First Information Report was
registered as case crime no. 177 of 2003 under Section
396 IPC. FIR was promptly lodged by the informant.
After completing investigation, a charge-sheet for the offences punishable under Sections 396 and 412
was submitted against the accused-appellants. When the
trial began, charges for the offences punishable under
Sections 396 and 412 IPC were framed against the
accused appellants, to which they pleaded not guilty and
claimed trial. As many as 14 prosecution witnesses were
produced on behalf of the prosecution. Statements of the
accused persons were taken under Section 313 Cr.P.C.
They did not adduce any evidence in defence.
(3.) AFTER conclusion of the trial accused appellants Rafi @ Furkan, Sonu @ Chota @ Shah Alam and Parvez
were convicted for the offence punishable under Section
396 IPC. They were awarded imprisonment for life and were also sentenced to pay a fine of Rs. 5,00,000/-, in
default of which they were required to undergo two years'
further imprisonment. Accused appellant Rafi @ Furkan
was also convicted for the offence punishable under
Section 412 IPC and was awarded seven years' rigorous
imprisonment along with a fine of Rs. 1,00,000/-, in
default of payment of which he was directed to undergo
six months' further imprisonment. Both the sentences
were directed to run concurrently in respect of accused
appellant Rafi @ Furkan. Aggrieved against the aforesaid
conviction and sentence, appellants Rafi @ Furkan, Sonu
@ Chota @ Shah Alam and Parvez preferred present
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