STATE OF U P Vs. MOHD BASHIR KHAN

JUDGEMENT

(1.) At the outset it is relevant to point out that during pendency of the instant appeal, respondents arrayed in the appeal died and as such it is imperative to give details of it.

(2.) Respondent no.3-Ashir Khan died on 19.1.1983 during pendency of the instant appeal and as such an application was moved to bring the legal heirs of deceased, namely, Smt. Zaitoon Begum in place of deceased respondent. Thereafter an application for substitution of Smt. Zubaida Khatoon and Smt. Kamrul Nisa as heirs of respondent no.3 (deceased Ashir Khan ) in addition to his widow Zaitoon Begum was moved,which was allowed vide order dated 8.8.2013. Smt.Musara Bibi- respondent no.4 died during pendency of the appeal. Respondent no.1-Bashir Khan also died on 11.7.2005 survived by Smt. Zubaida Khatoon (daughter) and Smt. Khatoon Bibi widow of Bashir Khan. Bibi Khatoon wife of Bashir Khan also died on 11/12.2007 survived by said daughter Zubaida Khatoon.

(3.) Heard learned Counsel for the parties.