HANEEF KHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Sanjay Vikram Singh, learned Counsel for the appellant Nos. 4, 5 and 7, Sri Viresh Mishra, learned Senior Advocate, assisted by Sri Sandeep Kumar Dubey, learned Counsel for the complainant, Sri Manish Dev, learned AGA for the State and perused the record. This appeal has been filed against the judgment and order dated 10.9.1982 passed in Sessions Trial No. 86 of 1982 State v. Haneef Khan and others by which the appellants have been convicted and sentenced to 6 months R.I. under section 147 IPC, 4 years R.I. under section 304(II) IPC read with section 149 IPC, and 3 months R.I. under section 323/149 IPC.

(2.) As per office report dated 17.11.2013, it has been reported that the C.J.M. vide his report dated 5.12.2012 has reported that the appellant No. 1 Haneef Khan, S/o. Yusuf Khan, appellant No. 2 Khalil Khan, S/o. Hanif Khan have died in the year 2009 whereas the appellant No. 3 Shakir Khan, S/o. Hanif Khan has died in the year 2000 and appellant No. 6 Samsuddin, S/o. Aliyar Khan has died in the year 1990. Hence in view of the report of the C.J.M., their appeal stands abated.

(3.) The inter-se relationship as per the accused persons is that out of the accused Khalil Khan and Shakir Khan and Abul Khan are the sons of accused Haneef Khan. Accused Naseem Khan is the son of accused Abul Khan. Thus all these five accused belong to one and same family. Though it has been denied but the prosecution case is that the two other accused Shamsuddin and Aslam Khan also belong to the family and goal of accused Haneef Khan. The injured on the prosecution side and the accused admittedly belong to village Usia which is situate at a distance of about four miles to the east of P.S. Dildar Nagar.