KANWALJIT SINGH AHLUWALIA,J. - (1.) On the day of Moharram i.e. on 8.1.2009, at 2:00 PM, Tajia procession was passing through Loharo Wali Gali (Street of Blacksmiths) in a small town, Narena, when accused party purportedly attacked the complainant party. Due to injuries caused in the occurrence, Mohd.Hussain had died.
(2.) Abdul Rajjak (P.W.1), Pappu (P.W.2), Aamin (P.W.4), Saddiqui (P.W.6) and Gulab Bano (P.W.8) in the occurrence received injuries. On the side of accused, Roshan Khan, Jamaluddin, Misruddin and Yasin Mohd. had also received injuries. Yasin Mohd. was not sent to trial along with three other accused. The prosecution had sent for trial Roshan Khan, Chhotu Khan, Salim, Nijam @ Nijamuddin, Hakim, Jamaluddin and Misruddin. During trial, Chhotu Khan died. The trial Judge vide impugned judgment dated 12.2.2015, convicted all the appellants namely, Roshan Khan, Salim, Nijam @ Nijamuddin, Hakim, Jamaluddin and Misruddin for the offences under Sections 147, 148, 323, 341, 326 and 302 read with Section 149 I.P.C. Vide separate order of even date, the trial court sentenced the appellants as under:- U/s. 147 IPC- to undergo one year SI. U/s. 148 IPC- to undergo two years SI. U/s. 323 IPC- to undergo one year SI U/s. 341 IPC- to undergo one month SI U/s. 326 IPC- to undergo ten years SI and to pay a fine of Rs.1,000/- each, in default of payment of fine to further undergo one month SI. U/s. 302 read with Section 149 I.P.C.- to undergo life imprisonment and to pay a fine of Rs.5,000/- each, in default of payment of fine to further undergo two months SI. All the sentences were ordered to run concurrently.
(3.) Aggrieved against their conviction and sentence, Jamaluddin and his brother Misruddin have filed D.B. Criminal Appeal No.166/2015, Roshan Khan son of Shri Ghasi Khan, Nizam @ Nijamuddin son of Alladin and Hakim son of Alladin have instituted D.B. Criminal Appeal No.208/2015. It may be noted here that Nizam @ Nijamuddin and Hakim are brothers. Salim son of Chotu Khan has preferred D.B. Criminal Appeal No.209/2015. In all the three appeals, the appellants have prayed that the conviction pronounced and sentence awarded upon them by the trial court be set aside.;