MOBIN AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal has been preferred by the accused appellants against the judgment and order dated 5.12.1985 passed by the VIIth Additional District & Sessions Judge, Ghaziabad in Session Trial No. 414 of 1983 (State of U.P. v. Mobin and others) convicting and sentencing the appellants for the offence punishable under section 302 IPC read with section 149 IPC to undergo life imprisonment, for the offence under section 307 IPC read with section 149 IPC to undergo three years rigorous imprisonment and for the offence under section 148 IPC to undergo two years rigorous imprisonment. All the sentences have been directed to run concurrently. At the outset, it is relevant to mention here that during pendency of this appeal, the appellant No. 1 - Mobin @ Momin, appellant No. 2 Kalwa, appellant No. 7 Firasat, appellant No. 8 Intzar and appellant No. 9 Sadaqat Ali have died. Accordingly, vide orders dated 10.3.2015, this Court has abated the appeal in respect of the appellant No. 1 - Mobin @ Momin, appellant No. 2 Kalwa, appellant No. 7 Firasat, appellant No. 8 Intezar and appellant No. 9 Sadaqat Ali.

(2.) NOW , we are proceeding to consider the present appeal in respect of rest of the appellants i.e. Akidat, Tasreef, Anis, Ali Murtaza and Inshad.

(3.) ON the basis of the written report (Ext. ka -1), chik First Information Report (Ext. Ka -4) was registered at Police Station Babugarh on 13.7.1983 at 9.30 a.m. mentioning all the details as disclosed in Ext. Ka -.1. G.D. entry Ext. Ka -5 was also made at the same time.