(1.) Appellant prosecutor State has come up in this appeal against impugned judgment and order dated 4.4.1991 passed by VIIIth Additional Sessions Judge, Moradabad in S.T. No. 420 of 1990, State Vs. Irfan and ten others relating to P.S. Didauli, District Moradabad by which learned trial Judge has acquitted all the accused respondents herein namely Irfan (A1), Laddan (A2) Babu(A3) Julfikar (A4), Mohd. Islam (A5), Afsar (A6), KamreyAlam (A7), Aarif (A8), Rabbu (A9), Julfey (A10) and Naushad (A11) of the charged offences under sections 147, 148, 302/149, 307/149 I.P.C.
(2.) At the very threshold, we would like to point out that leave to appeal was granted and appeal was admitted on 16.7.1992. Pending final outcome, three of the accused respondents expired. Accused-respondent Irfan(A1), died in an accident on 22.12.2010, which fact is evident from C.J.M., Moradabad's report dated 29.6.2013. Similarly respondent Laddan(A2), according to C.J.M., Moradabad's report dated 7.2.2008 had died and in his respect this appeal already stands abated vide order dated 24.4.2008. Accused respondent Babu(A3) had also died and concerning him also this appeal was abated on 24.10.2002. We therefore have to adjudicate this appeal only against surviving accused respondents(A4) to(A11) as above.
(3.) Narrated briefly, prosecution allegations against respondents accused, as are deciphered from the written FIR Ext. Ka-1 and testimonies of fact witnesses, informant Minzar Hussain (P.W. 1), injured eye witness Chhidda (P.W. 2) and eye witness Mohd. Alam (P.W. 3), are that one Safi resident of village Bhikhanpur Muntha, P.S. Didauli had three sons Yaqub, Mohd. Iqlakh, Shah Mohammad. Mohd. Iqlakh had two sons Sadi and Saifulla. Sadi also had three sons Yaqub, Mohd. Iqlakh and Shah Mohammad. Witness Tasleem is the son of Yaqub. Ishtiyak Hussain (deceased/ D-1), father of informant Minzar Hussain (P.W. 1), and Ishak Hussain (deceased/ D-2) were sibling brothers both being sons of Mohd. Iqlakh. Shah Mohammad had a son Alam and Saifulla had a son Mazeed. Injured Chhidda (P.W. 2) and eye witness Gaffar are the sons of Mazeed.
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