JAMIL Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the appellants u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 21.04.1993 passed by II Additional Sessions Judge, Dehradun in S.T. No.146 of 1988, State Vs. Kairnuddin & others, whereby the learned II Addl. Sessions Judge has convicted the appellants/accused Jamil, Farid, Kaimuddin & Smt. Umari under Section 353 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.). Appellant/accused Jamil & Farid were sentenced to undergo R.I. for one year each. However, the appellants/accused Kaimuddin and Smt. Umari were given the benefit of Section 4 of the Probation of Offenders Act, 1958 and they were directed to be released on furnishing a personal bond of Rs.2,000/ - each and two sureties each of the like amount for keeping the peace and good behavior for a period of one year. Appellant/accused Farid was further convicted u/s 225 IPC and was sentenced to undergo R.I. for one year. However, both the sentences under Sections 353/225 IPC were directed to run concurrently. All the appellants/accused were, however, acquitted for the offences punishable under Sections 332/452/147/307/149/504 IPC. Further, co -accused Abdul Rashid, Abid Hasan, Mehandi Hasan, Smt. Farida, Smt. Suman, Smt. Roshani, Smt. Murshida and Km. Jahira were acquitted of all the charges levelled against them.

(2.) CJM , Dehradun vide report dated 11.5.2004 has informed that the appellants/accused Kaimuddin and Smt. Umari have died. Hence, the appeal filed by those appellants stands abated.

(3.) I have heard learned counsel for the parties and perused the entire material on record.