MOHD ZAHID KHAN Vs. STATE OF U P

JUDGEMENT

(1.) The instant Criminal Appeal No. 1889 of 1982 Mohd. Zahid Khan Vs. State along with connected Criminal Appeal No. 1954 of 1982 Umar Shah Khan and Mohd. Rahman Khan Vs. State and Criminal Appeal No. 1884 of 1982 Yusuf Khan Vs. State have been preferred challenging the impugned judgment and order of conviction and sentence dated 26.7.1982 passed by II Additional District and Sessions Judge Bareilly in Session Trial No. 367 of 1981 State Vs. Mohd. Zahid Khan and Others, arising out of Case Crime No. 53 of 1981 convicting and sentencing the accused-appellant Mohd. Zahid Khan under Section 302 IPC for life imprisonment, accused-appellant Yusuf Khan under Section 302/34 IPC for life imprisonment, accused-appellants Umar Shah Khan and Mohd. Rahman Khan under Section 323/34 IPC for six months rigorous imprisonment.

(2.) During pendency of the appeal appellant Yusuf Khan died, hence, connected Criminal Appeal No. 1884 of 1982 stood abated vide order dated 6.11.2007. Hence, now, the Criminal Appeal No. 1889 of 1982 Mohd. Zahid Vs. State and Criminal Appeal No. 1954 of 1982 Umar Shah Vs. State have to be decided on merit and jointly by a common judgment.

(3.) Mr. Salman Ahmad, learned Advocate appeared on behalf of the appellants and Mr. Mahendra Singh Yadav, learned AGA appeared on behalf of the State.