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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Singh, Ravindra Maithani, JJ.
Liyaqat And Others - Appellant
Vs.
State Of Uttarakhand - Respondent
Criminal Appeal No. 194 of 2012
Decided On : 26-11-2019
Criminal Law - Conviction under Sections 302/149, 307/149, 147, 148 IPC - [Criminal Law] - [Sections 302/149, 307/149, 147, 148 IPC] - [The court convicted the appellants under Sections 302/149, 307/149, 147, 148 IPC for their involvement in an incident involving indiscriminate firing, resulting in the death of a person and injuries to several others. The court also acquitted the appellants of certain charges under Section 504 IPC and Section 25 of the Arms Act, 1959.]
Fact of the Case:
The prosecution alleged that the appellants were involved in an incident where they engaged in indiscriminate firing, resulting in the death of a person and injuries to several others. The appellants were convicted under Sections 302/149, 307/149, 147, 148 IPC. The defense claimed that the prosecution failed to prove the case beyond reasonable doubt and raised several points in their arguments.
Finding of the Court:
The court found that the prosecution was able to prove the charges under sections 147, 148, 302 r/w 149 and 307 r/w 149 IPC against all the appellants. The court also acquitted the appellant Liyaqat of the charge under section 504 IPC and acquitted appellants Abid and Riyasat of the charge under section 25 of the Arms Act, 1959.
Issues: The issues included the believability of the FIR, assignment of specific roles to the appellants, non-explanation of injuries sustained by the accused, and the authenticity of the recovery of weapons and prosecution sanction.
Ratio Decidendi: The court held that the prosecution was able to prove the charges under sections 147, 148, 302 r/w 149 and 307 r/w 149 IPC against all the appellants. The court also acquitted the appellant Liyaqat of the charge under section 504 IPC and acquitted appellants Abid and Riyasat of the charge under section 25 of the Arms Act, 1959.
Final Decision: The court upheld the conviction and sentence of the appellants for the charges under sections 147, 148, 302 r/w 149 and 307 r/w 149 IPC. The court acquitted appellant Liyaqat of the charge under section 504 IPC and acquitted appellants Abid and Riyasat of the charge under section 25 of the Arms Act, 1959.
JUDGMENT :
Ravindra Maithani, J.
This appeal is preferred against the judgment and order dated 15.06.2012 passed in Sessions Trial No.129 of 2006, State Vs. Liyaqat and others and connected Sessions Trial No. 131 of 2006 and Sessions Trial No. 132 of 2006 by the court of learned second FTC/Additional Sessions Judge, Haridwar.
2. By the impugned judgment and order, the appellants Liyaqat, Riyasat, Abid and Julfakar have been convicted of the charge under Section 302/149, 307/149, 147, 148 IPC. In addition to it, appellant Liyaqat has been convicted under section 504 IPC; appellant Riyasat and Abid have been convicted under section 25 Arms Act, 1959 (for short 'the Act') and sentenced as hereunder:-
(ii) Under Section 307/149 IPC, the appellants Liyaqat, Riyasat, Abid and Julfakar have been sentenced to ten years rigorous imprisonment and a fine of Rs.10,000/-. In default of payment of fine, it has further been ordered that the appellants shall undergo rigorous imprisonment for a further period of two years.
(iii) Under Section 147 IPC, the appellants Liyaqat, Riyasat, Abid and Julfakar have been sentenced to one year's rigorous imprisonment and a fine of Rs.2,000/-. In default of payment of fine, it has further been ordered that the appellants shall undergo rigorous imprisonment for a further period of two months.
(iv) Under Section 148 IPC, the appellants Liyaqat, Riyasat, Abid and Julfakar have been sentenced to two years rigorous imprisonment and a fine of Rs.3,000/-. In default of payment of fine, it has further been ordered that the appellants shall undergo rigorous imprisonment for a further period of four months.
(v) Under Section 504 IPC, the appellant Liyaqat has been sentenced to one year's simple imprisonment and a fine of Rs.1,000/-. In default of payment of fine, it has further been ordered that the appellant shall undergo simple imprisonment for a further period of two months.
(vi) Under Section 3/25 (1B) (a) Arms Act, 1959, the appellant Riyasat has been sentenced to three years simple imprisonment and a fine of Rs.2,000/- . In default of payment of fine, it has further been ordered that the appellant shall undergo simple imprisonment for a further period of two months.
(vii) Under Section 4/25 (1B) (b) Arms Act, 1959, the appellant Abid has been sentenced to two years simple imprisonment and a fine of Rs.1,000/-. In default of payment of fine, it has further been ordered that the appellant shall undergo simple imprisonment for a further period of two months."
3. Briefly stated, according to the prosecution, on 15.01.2006, at 08:00 in the morning, PW1 Mashroof along with Maqsood and deceased Jahangir was going to Aqil's STD for a telephone. As soon as they reached at the door of Mehfooz, the appellants Liyaqat, Riyasat, Abid, Julfakar and co-accused Sharafat armed with country-made pistol and Palkati (sharp-edged weapon) reached there. Appellant Liyaqat exhorted the co-accused 'kill them'. All the appellants and co-accused Sharafat fired at them, due to which Jahangir died at the spot. Maqsood and PW1 Mashroof also sustained injuries. Hearing the noise, Mehboob, Javed, Pravez, Nadeem, Salman, Tasawwar, Iqbal, Shahnawaz, Mumtaz and Gulfam came at the spot. The appellants fired at them also and attacked them with Palkati. They all also sustained injuries. The appellants dragged the dead body of Jahangir. When the injured were returning to their homes, the appellant boarded on vehicles, followed them and opened fire in the air to terrorize them.
4. A report of the incident was lodged on the same day at 10:00 AM at Police Station, Roorkee and a Case Crime No. 07 of 2006 under sections 147, 148, 149, 307, 302 r/w 34 and 504 IPC was l
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