LAWS(ALL)-2017-8-84

IDRIS Vs. STATE OF U.P.

Decided On August 11, 2017
IDRIS Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) The present appeal has been preferred against the Judgement of conviction and order of sentence dated 21.08.1984 passed by IIIrd Additional Sessions Judge, Moradabad in Sessions Trial No. 156 of 1983, whereby appellants, who are four in numbers have been sentenced to undergo life imprisonment for the offence punishable under Section 302 I.P.C., read with Section 34 I.P.C.

(2.) Learned counsel for the appellants has contended that in this interregnum, the appellant nos. 2 and 3 namely, Nanhey and Munawwar, respectively have expired and therefore, the appeal stands abated against them vide order of this Court dated 28.02.2017. Thus the present appeal is being argued on behalf of appellant nos. 1 and 4 namely, Idris son of Faiyyaz and Farooq son of Munawar Turk only.

(3.) The main and relevant facts which emerges from the prosecution story are as follow:-