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2005 Supreme(SC) 1524

S.B.SINHA, P.P.NAOLEKAR
Haji Khan – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

P.P. Naolekar, J.—The accused appellant along with two other persons namely, Sahdulli Khan and Mehtab Khan were tried for committing an offence under Section 302, 307/34 IPC and under Section 27 of the Arms Act. The learned Sessions Judge acquitted all the accused persons. The State preferred two appeals challenging the order of acquittal of the appellant and the other being acquittal of two other persons. The High Court refused leave in appeals preferred by the State against the two other persons and accordingly the appeals were dismissed. Against the order of acquittal passed in favour of the appellant in two appeals, leave was granted and the High Court set aside the order of the Sessions Judge, acquitting the accused-appellant and convicted the appellant under Section 302 IPC and sentenced him to undergo life imprisonment. He was further held guilty of the charge under Section 307/34 IPC and sentenced to undergo five years rigorous imprisonment and guilty of the charge under Section 27 of the Arms Act and sentenced to undergo one year rigorous imprisonment. All the sentences were to run concurrently. Aggrieved by the order of conviction the present appeal is filed.

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