TAFAZZUL HUSAIN Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 29. 10. 1983 passed by IVth Addl. Sessions Judge, Mirzapur in ST. No. 347 of 1982 whereby the trial Court has convicted the appellants under Section 302 and 201, IPC and sentenced each of them to life imprisonment and to five years rigorous imprisonment for the above offences respectively.

(2.) DURING the pendency of appeal, appellant No. 1 Tafazzul Husain expired and his appeal abated vide order dated 15. 11. 2007.

(3.) ON the basis of information received through the statements of Munnawar Ali and Islamuddin, the police arrested Tafazzul Husain and on his pointing on 29. 1. 1981, the Investigating Officer collected ash of clothes of the deceased alleged to have been burnt in the houset of the appellants alongwith weapons of as assanlt i. e. Ramba, sword and Tassi from his house. It is claimed that Tafazzul Husain also produced before the police a piece of jaw of the deceased which he had concealed near his house. No recovery has been made out from or on the pointing of the appellant Sabir Husain.