ARISH Vs. STATE OF UP

JUDGEMENT

(1.) The instant appeal arises from a judgment and order dated 9.9.2003 passed by the Additional Sessions Judge, Court No. 4, Shahjahanpur in Session Trial No. 1001 of 2002, State v. Arish and Ors., arising out of Case Crime No. 327 of 2002, Police Station Sadar Bazar, District Shahjahanpur.

(2.) Sri Viresh Misra, senior advocate assisted by Sri Amit Misra, advocate appears on behalf of the accused and learned A.G.A. for the State. Name of Sri Manish Tiwary, advocate is shown in the cause list on behalf of first informant. Sri Viresh Misra has given a statement before opening his argument that information in writing was tendered to him regarding the appeal being taken out of turn on a special request. Sri Manish Tiwary has communicated in writing that he will not appear in the case for want of instructions. This intimation dated 8.4.2010 is kept on record.

(3.) The Appellants in the instant appeal are Arish son of Anees, Muntazir son of Qadeer Khan, Babu, Rafiq and Rais sons of Bashir. One Sarik son of Anees was also arrayed as an accused but he was not sent up for trial. The Appellants are convicted for the offences under Sections 148, 302/149, I.P.C. and awarded sentence of life imprisonment and fine of Rs. 2,000 each, in default of payment of fine, a further imprisonment of 15 days R.I. under Sections 302/149, I.P.C. and R.I. for one year under Section 148, I.P.C.