FAKIRA Vs. STATE

JUDGEMENT

(1.) Fakira and his two sons Rajvir and Sheoraj were tried in Sessions Trial No. 214 of 1980 before Sri Y.C. Raizade, IV Additional Sessions Judge, Bulandshahr for the offences under Sections 307 and 323 read with Section 34 IPC. By the impugned judgment and order dated 11.12.1981 they have been convicted and sentenced to undergo five years' RI under Section 307 IPC and six months' RI under Section 323 read with Section 34 IPC. Both the sentences were made to run concurrently.

(2.) Criminal Appeal 3078 1981 was filed on 14.12.1981 and was admitted by Hon'ble M. Katju, J. (as his Lordship then was) and Criminal Appeal No. 3059 of 1981 was filed on 21.12.1981 and though there was an office report that it is a duplicate criminal appeal by the same three accused appellants, it was also admitted on the same day, i.e., 21.12.1981 by his Lordship Hon'ble M. Katju, J.(as His Lordship then was). The subsequent appeal being Criminal Appeal No. 3059 of 1981 against the same judgment and order, having been filed by the same parties, obviously is not maintainable and this is also not disputed by Sri J.S. Chandel, learned counsel appearing for the appellants. He has advanced arguments in Criminal Appeal No. 3078 of 1981.

(3.) Further Chief Judicial Magistrate, Bulandshahr submitted his report dated 18/19.10.2006 that Fakira son of Ram Saran has already died. This fact has also been stated by learned counsel for the appellants. The appeal, therefore, survives only in respect of Appellants No. 2 and 3, namely, Rajvir and Sheo Raj, both sons of Fakira and stands abated against the appellant no.1, i.e., Fakira son of Ram Saran.