JAHANGIR 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 19. 7. 1994 passed by Additional Sessions judge, Roorkee in S. T. No. 25/1992, State Vs. Naseem and another, whereby the learned Addl. Sessions Judge convicted the accused/appellants naseem and Jahangir under sections 324 r/w Sec. 34 of the Indian Penal code, 1860 (hereinafter to be referred as the ipc) and sentenced them to undergo R. I. for one year. Each of the accused/appellants were further convicted u/s 333 r/w Sec. 34 IPC and were sentenced to five years' R. I. with a fine of Rs. 1,000/- each. In default of payment of fine, six months' additional imprisonment was awarded.

(2.) HEARD Mr. Vinod Sharma, learned counsel for the appellant and Mr. M. A. Khan, learned brief holder for the State. Perused the entire material available on record.

(3.) DURING the pendency of this appeal the appellant no. 1-Naseem reported to be died. Accordingly, the appeal preferred by the accused/appellant Naseem stood abated vide order of this High Court dated 16. 03. 2009.