Decided on July 13,2012

Rafi Alias Furkan Appellant


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 appeal.;

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