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

JUDGEMENT

(1.) We have heard the arguments of Shri Dharmendra Singhal learned counsel for the accused appellants and Shri Mahendra Singh Yadav and Shri A.N. Mulla learned counsel on behalf of the State as well as Shri I.M. Khan, learned counsel for the complainant and perused the record.

(2.) The instant criminal appeal has been preferred against the judgment and order of conviction and sentence dated 22.12.1986 passed by II-Additional Sessions Judge, Saharanpur, in Sessions Trial No. 2 of 1985 arising out of Case Crime No.82 of 1984, under sections 147, 148, 302/149 and 323/149 I.P.C., Police Station Gagalheri, district Saharanpur, whereby two surviving appellants Ali Hasan and Ismail have been sentenced to six months rigorous imprisonment under section 147 I.P.C. and further sentenced for committing murder of Ishrat, to life imprisonment under section 302/149 I.P.C. and further sentenced to life imprisonment for committing murder of Firdaush and further sentenced to one year RI under section 323/149 I.P.C. for voluntarily causing hurt to Irfan. Another two surviving appellants Zareef and Ikram have been sentenced to one year rigorous imprisonment under section 148 I.P.C. and further sentenced to life imprisonment under section 302/149 I.P.C. for committing murder of Ishrat. Likewise sentenced to life imprisonment under same sections for committing murder of Firdaush, they have been further sentenced to one year rigorous imprisonment under section 323/149 I.P.C. for voluntarily causing hurt to Irfan. All the aforesaid sentences have been directed to run concurrently.

(3.) Pertinent to mention that the instant appeal was preferred initially by eight appellants, out of whom four appellants died during the pendency of appeal, therefore the appeal against Mustaq, Furkan, Mazid, and Nafees appellants no. 1, 3, 5 and 8 stood abated vide order of this Court dated 3.2.2016, therefore, the instant appeal is now confined to the surviving appellants Ikram, Zarif, Ali Hasan and Ismail, appellants no. 2, 4, 6, 7 respectively. All the four appellants are on bail for the time being.