GAZUDDIN Vs. STATE

JUDGEMENT

(1.) Present appeal has been filed by accused appellants Gazuddin, Kalua and Shera under Section 374(2) Cr.P.C. against judgement and order dated 22.4.1993 passed by learned IX Additional Sessions Judge, Ghaziabad in S.T. No.148 of 1991 (State Vs. Gazuddin and others), under Section 302/34 and 323 I.P.C., Police Station Sahibabad, District Ghaziabad, whereby learned IX Additional Sessions Judge, Ghaziabad has convicted accused appellants Gazuddin, Kalua and Shera for offence punishable under section 302 read with section 34 I.P.C. and sentenced each of them thereunder to imprisonment for life. Learned IX Additional Sessions Judge, Ghaziabad has further convicted accused appellant Gazuddin for offence punishable under section 323 I.P.C. and sentenced him thereunder to rigorous imprisonment for six months. Learned IX Additional Sessions Judge, Ghaziabad has directed that both sentences of accused appellant Gazuddin shall run concurrently.

(2.) Accused appellants Gazuddin and Kalua are reported dead. Appeal abated in respect of accused appellants Gazuddin and Kalua.

(3.) Shri P.K. Tripathi learned counsel appeared for the accused appellants and Shri Basharat Ali Khan, learned A.G.A. assisted by Shri Hari Krishan Mishra appeared for State respondent.