FAKIRA AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Satish Trivedi, learned Senior Advocate assisted by Sri Ajay Kumar Pandey, Advocate appearing for the appellant no.2 Munkad and Sri K.K. Mishra, learned counsel appearing for the appellant no.5 Farahim and Sri A.N. Mulla, learned A.G.A. on behalf of the State and perused the record.

(2.) The instant criminal appeal has been preferred by the appellants against the judgment and order of conviction dated 21.04.1988 passed by Vth Additional Sessions Judge, Meerut, in Sessions Trial No. 423 of 1980 arising out of Case Crime No. 301 of 1980, under Section 147, 148, 307, 302 IPC, P.S. Parikshitgarh, District Meerut, whereby the surviving appellant Farahim was sentenced to life imprisonment under Section 302 IPC and two years' rigorous imprisonment under Section 148 IPC. Accused Munkad was sentenced to life imprisonment under Section 302 IPC read with Section 149 IPC and two years rigorous imprisonment under Section 148 IPC. All the sentences were directed to run concurrently.

(3.) It is pertinent to mention here that initially this criminal appeal was preferred by five appellants namely Fakira, Munkad, Daud, Maqsood and Farahim. Appellants Fakira, Daud and Maqsood died during pendency of this appeal, therefore, their appeal abated by order of this Court dated 09.02.2016. Now this appeal is confined to the two surviving appellants Munkad son of Sadatt and Farahim son of Daud.