STATE Vs. AKHTAR KHAN

JUDGEMENT

(1.) State has filed this appeal impugning therein the judgment and order dated 16-3-1978 passed by Sri B. B. L. Hajeley, Ist Addl. Sessions Judge, Moradabad. By its appeal the State of U.P. has impugned the conviction of the respondent Akhtar under S. 304, I.P.C. Part II and also of the offence u/Ss. 323 /34, I.P.C. and purging of the respondent of the charges u/Ss. /302, 34, 324/34 I. P. C.

(2.) Respondents Akhtar Khan, Achchan Khan and Ali Dad Khan have also filed connected Criminal Appeal No. 796 of 1978 in which they have assailed the judgment and order passed by Sri B.B.L Hajeley, 1st Addl. Sessions Judge, Moradabad dated 16-3-1978 recording conviction and sentences in Sessions Trial No. 155 of 1976. Akhtar Khan respondent was convicted u/S. 304, Part II, I.P.C. and sentenced to undergo R.I. for 5 years. He was also found guilty u/ S. 323/ 34, I.P.C. and was sentenced to undergo R.I. for one year. Achchan Khan and Ali Dad Khan respondents were convicted u/S. 323/34, I.P.C. and they were sentenced to undergo R.I., for one year each.

(3.) We also find Criminal Revision No. 588 of 1978 connected with the present Government appeal preferred by Saddiq complainant impugning thereby the judgment and order passed by Sri B. B. L. Hajeley 1st Addl. Sessions Judge in S.T. No. 155 of 1976 thereby acquitting Mushfiq alias Muzbik and further altering the conviction of the respondents Akhtar Khan to S. 304, Part II and S. 323/34, I.P.C. and respondents Achchan Khan and A1i Dad Khan to S.323/34, I.P.C.