PEERU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri M.J. Akhtar, learned counsel for the appellant no.4, Sri G.P. Singh, learned A.G.A. and perused the record

(2.) This appeal has been preferred against the judgment and order dated 04.04.1985 passed by 5th Additional and Sessions Judge, Ghaziabad in S.T. No. 413 of 1983 (State vs. Jabbar and others) whereby the accused Peeru, Jabbar, Shabban have been found guilty under section 148 and 326 IPC and they have been convicted. The accused Gaffar and Nanva have been found guilty under section 147 and 326 IPC read with section 149 IPC and they have been convicted. The accused Peeru, Jabbar and Shabban have been sentenced under section 148 IPC with one year R.I. each; under section 326 IPC five years R.I. each, Accused Gaffar, Nanva have been sentenced one year R.I. each under section 147 IPC and three years R.I. each under section 326 read with 149 IPC. All the sentences are directed to run concurrently.

(3.) Out of the above accused-appellants, accused-appellant no.1, Peeru, accused-appellant no.2 Jabbar, accused-appellant no.3 Shabban and accused appellant no. 5 Nanva have died and their appeals have been abated vide order dated 11.07.2019. Therefore, the appeal of accused-appellant no.4 Gaffar remains for consideration of this Court.