YASEEN KHAN Vs. STATE OF U P

JUDGEMENT

(1.) G. K. Mathur, J. Yaseen Khan, Rasool Khan, Tasawwar Khan, Naseetn Khan, Usman alias Nannha Khan, Latif Khan, Jameel Khan, Sharif Khan, Ismail Khan, Shabbir Khan, Banney Khan, Mangal Khan and Yaqoob Khan have filed Criminal Appeal No. 2161 of 1977 against the judgment and order dated 23rd of September, 1977 passed by Shri H. C. Mail, 1st Addl. District and Sessions Judge, Bareiily, in Session Trial No. 230 of 1977 convict ing Yaseen Khan, Rasool Khan and Tasawwar Khan for the or tone punish able under Sections 326 read with Sections 149, 148 and 323/14=), I. P. C. and sentencing each of them to undergo rigorous imprisonment for a period of ten years two years and six months for each count respectively and further convict ing the remaining ten appellants for the offence punishable under Sections 326/149, 147 and 323/149 I, P. C. and sentencing each of them to undergo rigorous imprisonment for a period of five years, one year and six months for each count respectively. The sentences were ordered to run concurrently.

(2.) GOVERNMENT Appeal No. 44 of 1978 has been preferred by the State against the acquittal of Yaseen Khan, Bundan Khan, Hussain Khan, Rasool Khan, Tasawwar Khan, Hamid Khan, Naseem Khan, Usman Khan, Latif Khan, Sharif Khan, Ismail Khan, Shabbir Khan, Banney Khan, Mangal Khan Jameel Khan and Yaqoob Khan for the offence punishable under Sections 302 and 452/149, I. P. C, by the same I Additional District and Sessions Judge in the same Session Trial. As these two appeals arise out of the same judgment, they are being disposed of a common judgment.

(3.) THE accused persons pleaded not guilty and specifically denied the allegations made against them. THEy stated that the witnesses deposed against them out of enmity. THEy, however, did not examine any witness in their defence.