JAMEELA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Sheikh Akhtar[Akhtar](since deceased) was convicted by the Sessions Court in S.T. No.378/2005 for commission of offence punishable under Sec. 305 and 506-B, Indian Penal Code 1860[IPC] and sentenced to rigorous imprisonment for ten years and two years, respectively, with fine together with default stipulations vide judgment and order dtd. 28/3/2007.

(2.) The judgment of conviction and order on sentence was carried in appeal before the High Court of Madhya Pradesh, Principal Bench, at Jabalpur[High Court] under Sec. 374(2), Code of Criminal Procedure 1973[Cr.PC] by Akhtar in 2007 itself. During the pendency of the appeal, Akhtar passed away on 23/4/2015.

(3.) Prior to conviction, Akhtar was a public servant. He was the 'Naib Nazir' in the local court. He suffered an order of termination of service soon after the aforesaid conviction. In the normal course, the appeal preferred by Akhtar should abate in view of Sec. 394, Cr.PC. However, the widow of Akhtar (Jameela) and their children (Amreen Khan, Naaz Khan, Aftab, and Shreen Khan) continued the appeal with the fervent hope that should the conviction and sentence be set aside, they would be entitled to the terminal benefits which had accrued to Akhtar by reason of his rendering more than 30 years of service.