HAKIMULLAHA AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) Sri N. Wali, learned counsel appeared for the appellants and Sri Tahar Bin Islam and Miss Moonis have put in appearance on behalf of the State.

(2.) Learned counsel for the appellants submitted that the Vth Additional Sessions Judge, Bijnor convicted and sentenced Sri Hakimullah, Ali Mullaha, Abdul Hameed, Akhtar, Latif and Asif (the appellants) to undergo R.I. for six months under Sec. 147 ; R.I. for three months under Sec. 323 read with Sec. 149, and R.I. for three months under Sec. 342 of the Indian Penal Code. He further passed order that the sentences shall run concurrently. This order was passed on 31.1.1979. Since then, about 15 years have passed and Hakimullah, who was 85 years of age at that point of time, is now about 100 years old. Ali Mullaha, appellant No. 2 has already died during the pendency of this appeal and, therefore, the appeal stands abated, so far as All Mullaha is concerned. Abdul Hameed, appellant' No.3 was 75 yeais of age in 1979-1-and thus, he is also about 90 years old now. Akhtar, appellant No. 4 was 70 years of age in 1979 and he is about 85 years of age now. Latif appellant No. 5 was 45 years old and similarly Asif, appellant No. 5 was about 50 years old in 1979 and they arc also 60 and 65 years of age, respectively, by now.

(3.) Looking at the advance age of the appellants, learned counsel for the appellants prayed that without going into the merits of the case, sentence be reduced by this Court on humanitarian ground as appellants have already undergone imprisonment for 15 to 20 days at the time of trial and thereafter they are enlarged on bail.