SHABBIR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned AGA for the State.

(2.) The appeal is directed against the judgment and order dtd. 7/8/1984 passed by the 4th Additional Sessions Judge, Mirzapur convicting appellant no.1, Shabbir s/o Usman under Sec. 302 and Sec. 395 read with Sec. 396 IPC and sentencing him life imprisonment and 7 years RI respectively.

(3.) The appellant no.2, Shabbir s/o Shukrullah has been convicted under Sec. 396 IPC and sentenced 10 years RI. Appellant no.1 died during the pendency of the appeal and the appeal on his behalf has already been ordered to abate. It survives only on behalf of appellant no.2, Sabbir son of Shukrullah. A FIR was lodged at PS Dudhhi, District Mirzapur on 12/9/1983 at 7.30 a.m. which gave rise to Case Crime No.115 of 1983, under Sec. 396 IPC regarding an incident which is stated to have taken place at 1 a.m. the previous day.