STATE OF U.P. Vs. ABDUL SALAM

JUDGEMENT

(1.) Both these connected appeals are directed against the same impugned judgment and order dated 4.9.1981 passed by IVth Additional Sessions Judge, Bareilly, rendered in S.T. No.277 of 1979, State of U.P. Vs. Abdul Salam and others, under sections 147/148/149/323/324/302 I.P.C. P.S. Bhojipura, District Bareilly and hence both were clubbed together and are being disposed of by this common order.

(2.) Former appeal, Government Appeal No.330 of 1982, State versus Abdul Salam and others, u/s 378 Cr.P.C., is directed against acquittal of twenty five accused-respondents namely Abdul Salam @ Neta, Zamil Ahmad @ Katroo, Akil Ahmad, Abdul Salam son of Mohd. Yaqoob, Kalloo son of Abdul Bashir, Abdul Salam son of Kalloo, Zamil @ Bahra, Abdul Vakil @ Nanna, Amir Ahmad, Rafiq Ahmad, Zamil Ahmad, Chotey, Bilayati, Kalloo son of Abdul Zabbar, Noor Ahmad, Abdul Qayum, Abdul Malik, Abdul Qayum son of Abdul Aziz, Abdul Majid, Shafiq Ahmad, Taufeeq @ Faqira, Shafiq Ahmad @ Buddal son of Mohd. Ismail, Amir Ahmad son of Abdul Bashir, Mohd. Shabir and Abdul Khaliq of charges under sections 302/149, 324/149, 323/149 I.P.C., whereas connected Criminal Appeal No.2096 of 1981, Mohd. Sabir Ahmad and others versus State of U.P., under section 374 (2) Cr.P.C., has been preferred by the three convicted accused Mohd. Sabir, Abdul Khaliq and Amir Ahmad against their conviction for offences u/s 147, 304 (II)/149 and 323 I.P.C. and imposed sentences of six months R.I. on the first count, three years R.I. on the second count and three months R.I. on the last count.

(3.) A priory, it is apt and pertinent to record that in Criminal Appeal No.2096 of 1981, Mohd. Sabir Ahmad and others versus State of U.P. all the three convicted appellants therein, namely Mohd. Sabir, Abdul Khaliq and Amir Ahmad (accused-respondent nos.23 to 25) in State Appeal have died, therefore that Criminal Appeal No.2096 of 1981, Mohd. Sabir and Others versus State of U.P., by aforesaid accused-appellants against their conviction and State appeal against acquittal of these very accused respondents have become infructuous and are dismissed as such.