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RAVINDRA MAITHANI, ALOK KUMAR VERMA
Irfan – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Ravindra Maithani, J.) :
Since both these appeals arise from one and the same Sessions Trial, they are heard together and being decided by this common judgment.
2. Present appeals are preferred against the judgment and order dated 05.10.2016/06.10.2016 passed in Sessions Trial No. 79 of 2009, State v. Phool Singh alias Phullu and others, by the court of Additional Sessions Judge, Vikas Nagar, Dehradun (“the case”). By the impugned judgment and order, the appellants have been convicted under Section 302 read with 34 IPC and sentenced to life imprisonment, with a fine of Rs. 30,000/- each, with a stipulation that in default of payment of fine, they shall undergo simple imprisonment for a further period of one year.
3. Heard learned counsel for the parties and perused the record.
4. The prosecution case, briefly stated is as follows. The deceased Mahboob Hasan was asleep in a shop in the night of 30.12.2008. Next morning, on 31.12.2008, he was found dead. A report was lodged by PW 1 Shoaib Ahmed, based on which Case Crime No. 209 of 2008 under Section 302, 120B read with Section 34 IPC was lodged at Police Station Vikasnagar, District Dehradun. Investigation was undertaken.
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