YAMIN Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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(1.) All the above-titled appeals have arisen out of the same judgment. Hence, these are being decided together as herein below. In Criminal Appeal Nos. 186/2009, 187/2009, 189/2009, 5/2010 and 6/2010, challenge has been thrown to the judgment and order dated 9/10.12.2009, whereby Additional Sessions Judge, Roorkee (Haridwar) has adjudicated the Sessions Trial No. 224/1998. In all, 27 accused persons were tried in the said Sessions Trial for the offences under Section 147, 148, 302 read with Section 149 IPC and Section 307 read with Section 149 IPC pertaining to Crime No. 81A/97, PS Laksar. Out of these 27 accused persons, 18 were acquitted of all the charges levelled against them, while 9 accused persons were convicted. To understand conveniently, we will refer these nine accused appellants as under:
Afzal will be referred as A1. Ikbal will be referred as A2. Waheed will be referred as A3. Rashid will be referred as A4. Khurshid will be referred as A5. Guljar will be referred as A6. Mangta will be referred as A7. Yameen will be referred as A8. Abdul Hafiz will be referred as A9.
(2.) Remaining two Criminal Appeal Nos. 6/2010 and 7/2010 have been preferred by Mangta (A7) and Ikbal (A2) respectively. Both these accused persons were also tried for the offence of Section 25 read with Section 4 of the Arms Act and were convicted for the same vide impugned judgment and order dated 14/15.12.2009 passed separately in both these appeals.
(3.) Thus, we find that A1 was convicted for the offence of Section 302/149 IPC; A2 was convicted for the offence of Section 302/149 IPC and 4/25 of the Arms Act as well; A3 was convicted for the offence of Section 302/149, 307/149 IPC; A4 was convicted for the offences of Section 302/149 IPC; A5 was convicted for the offences of Section 302/149, 307/149 IPC; A6 was convicted for the offence of Section 302/149 IPC; A7 was convicted for the offence of Section 302/149 IPC and also for the offence of Section 4/25 Arms Act; A8 was convicted for the offence of Section 302/149 & 148 IPC and A9 was convicted for the offence of Section 307/149 and 148 IPC. All these nine accused convicts have been sentenced appropriately vide the impugned judgments.;
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