MOHD IQBAL Vs. STATE

JUDGEMENT

(1.) Vide impugned judgment and order dated 27.01.1999, appellants Mohd. Iqbal, Mohd. Haroon, Barkat Begum, Gulzar Begum and Abdul Wahid have been convicted for the offence of having caused the death of Muslima (herein after referred to as the "Deceased") by setting her on fire, for which offence they have been sentenced to undergo imprisonment for life and pay a fine in sum of Rs.2,000/- each; in default to undergo rigorous imprisonment for three months.

(2.) During the course of hearing of the present appeals, we were informed by the learned counsel for appellant Mohd. Iqbal that appellant Mohd. Iqbal is no more in the world of living, which information was verified by the learned counsel for the State. In that view of the matter qua Mohd.Iqbal the appeal would stand abated.

(3.) The case set up by the prosecution against the appellants was that the deceased along with her husband Abdul Khaliq used to reside on the first floor of house bearing Municipal No.436, Shehzada Bagh, Delhi; that Mohd. Iqbal, the brother of the husband of the deceased, along with his wife Barkat Begum and son Mohd. Haroon used to reside on the second floor of the said house and that Abdul Wahid, the other brother of the husband of the deceased, along with his wife Gulzar Begum used to reside in a house situated at a distance of three hundred yards from the said house.