SHAFAYAT AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) The aforementioned appeals are directed against the common judgment and order dated 19.4.1982 passed by Vth Additional District & Sessions Judge, Bijnor in S.T. No.332 of 1980 arising out of Case Crime No.89 of 1980, P.S. Seohara, District Bijnor whereby appellants Bundu and Irshad were convicted under Section 302 IPC and sentenced to undergo imprisonment for life with the fine of Rs.2500/- each, under Section 323/34 IPC for three months rigorous imprisonment with fine of Rs.400/- each. Shafayat and Ahmad Hasan were convicted under Section 302/34 IPC with life imprisonment and to pay fine of Rs.2500/- each. The appellant Ahmad Hasan was further convicted under Section 323 IPC to pay fine of Rs.400/- and appellant Shafayat was convicted under Section 323/34 IPC to pay fine of Rs.400/- and in default three months rigorous imprisonment. It was further directed that out of amount of fine, if paid or realized, a sum of Rs.1000/- each will be paid to the widow and children of Paramvir Singh, the deceased as compensation.

(2.) Criminal Appeal No.1028 of 1982 has been filed on behalf of appellants Shafayat, Ahmad Hasan and Bundu and Criminal Appeal No.1214 of 1982 on behalf of Irshad.

(3.) The appellant nos.1 and 2, namely, Shafayat and Ahmad Hasan in Criminal Appeal No.1082 of 1982 have died during the pendency of the appeal according to the report of Chief Judicial Magistrate, Bijnor, dated 24.8.2007. Hence the appeal preferred by the appellant nos.1 and 2, namely, Shafayat and Ahmad Hasan stood abated vide order dated 6.12.2012.