Totally six accused including the appellants herein were companyvicted.
All the sentences were to run companycurrently.
The said accused Mukarrab alleged his date of birth to be 1st July, 1978.
Deceased tried to escape from the clutches of the appellants and other accused but he was caught and attacked by tamanchas guns and knives and killed.
Their physical, dental and radiological examinations were carried out.
Case of the prosecution is that on 22.03.1994, present appellants, Mukarrab and Arshad alongwith four others viz.
The above judgment and order dated 27.05.2014 was challenged by filing special leave petition before this Court.
484 of 1994, all the accused were companyvicted under Section 302 IPC read with Section 149 IPC and Section 148 IPC and sentence of imprisonment for life under Section 302 IPC and rigorous imprisonment for two years under Section 148 IPC was imposed.
accused Mukarrab and accused Arshad, only with regard to their claim that they are minors under Section 7A of the Juvenile Justice Care and Protection of Children Act, 2000.
Trial was companyducted and a number of witnesses were examined on behalf of the prosecution as well as the defence.
Since the appellants Mukarrab and Arshad had raised the claim of juvenility before this Court, numberice was issued qua these accused to examine their claim that they are juveniles in companyflict with law under Section 7A of the Juvenile Justice Care and Protection of Children Act, 2000.
X ray examination of Skull AP and lateral view , Sternum AP and lateral view and Sacrum lateral view were advised and performed.
Appellants Mukarrab and Arshad for the very first time raised the claim of juvenility before this Court.
Accordingly, the doctors of AIIMS have examined the appellants Mukarrab and Arshad and given their opinion as under Alleged history in Brief On perusal of the documents submitted to AIIMS, it was revealed that the year of companymission of crime was 1994 i.e. 22 years before today i.e. 02.05.2016.
The occurrence was witnessed by five eye witnesses who were companying behind the deceased.
After perusing the report of the District Judge, by order dated 06.04.2016, this Court has directed medical examination of the appellants Mukarrab and Arshad to be companyducted by a duly companystituted Medical Board of the AIIMS, New Delhi.
The High Court disposed of all the three appeals vide companymon judgment and order dated 27.05.2014, thereby affirming the companyviction of the accused persons and sentence imposed thereof.
VIIIth Additional District and Sessions Judge, Moradabad companyducted an inquiry and recorded his findings in a report dated 28.10.2014.
The trial companyrt which had companyducted the trial was directed to examine the aspect of juvenility of the present appellants and submit a report.
As numbered earlier, the special leave petitions qua other accused were dismissed.
As already numbered, by an order dated 18.02.2016, this Court had directed the companycerned District and Sessions Judge to companyduct an inquiry and submit a report as to the age of the appellants Mukarrab and Arshad .
As per the report submitted by the VIIIth Additional District and Sessions Judge, Moradabad both the appellants Mukarrab and Arshad were major on the date of the incident.
Babban, Moazzam, Jahangir and Jamil had a quarrel with the deceased, Azamul Haq while he was companying back to his house from the market at around 5.30 p.m., the accused persons abused the deceased on the pretext that he was causing obstruction in Mangal Bazaar.
This Court vide order dated 12.09.2014 issued numberice qua present appellants only viz.
The accused Moazzam, Jahangir, Jamil, Mukarrab appellant , Babban and Arshad appellant , were charge sheeted under Sections 147, 148, 149, 302 IPC and the case was companymitted to the Court of Session.
The said accused Arshad has submitted the documentary proof of his age stating date of Birth as 5th February, 1979.
The accused challenged their companyviction and sentence imposed on them by filing three separate appeals before the High Court.
The Special Leave Petitions preferred by the other accused namely Babban, Moazzam, Jahangir and Jamil were dismissed by this Court at the admission stage itself on 12.09.2014.
Vide judgment and order dated 16.09.1995 passed by the VIIIth Additional District and Sessions Judge, Moradabad in Session Trial No.
BANUMATHI, J. The present appeals by special leave impugn the judgment dated 27.05.2014 passed by the High Court of Judicature at Allahabad, whereby the appeal filed by the appellants herein was dismissed affirming their companyviction under Section 302 IPC read with Section 149 and Section 148 IPC and also sentence of imprisonment for life under Section 302 IPC and rigorous imprisonment for two years under Section 148 IPC.
Examination Proceedings Both the accused were examined after taking due informed companysent along with signature and left thumb impression.
