AFSAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against judgement and order dated 18-8-80, passed by Sri S. K. Saxena, VII Additional Sessions Judge, Meerut in Sessions Trial No. 335 of 1979 by which all the above five appellants were convicted and each one of them was sentenced to undergo life imprisonment under Section 302 read with Section 149, I.P.C. Report was received from the police station concerned through C.J.M. that during the pendency of the appeal appellants Afsar and Hanif died. Therefore, their appeal stands abated so far as they are concerned.

(2.) We have heard Sri D. N. Wali, learned counsel for the appellants and Sri A. K. Varma, learned A.G.A. and have gone through the record.

(3.) According to prosecution, murder of Sajid Husain, resident of village Jaroda, police station Kithor, District Meerut, was committed by the appellants, who are residents of the same village, on 29-5-79 at 6.30 P.M. in village Bhadoli, P.S. Kithore, district Meerut. The place of occurrence is about 6 Km. from the police station. F.I.R. was lodged by Arshad Husain, real brother of deceased Sajid Husain on 29-5-79 at 9.30 P.M. under Section 147/302, I.P.C. against the appellants.