HASRAT ALI Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal has been preferred by the accused appellants Hasarat Ali, Asafaq Ali alias Chand Munna, Khalik and Shaukat Ali against the judgement and order dated 28.9.1988 passed by Special Judge, Varanasi in Sessions Trial No. 153 of 1984 (State Versus Hasarat Ali and Others), Police Station Mughalsarai, District Varanasi convicting and sentencing the accused appellants for the offence punishable under Section 304 read with Section 34 IPC to undergo eight years rigorous imprisonment and a fine of Rs.1000/- each. In default of payment of fine, appellants were directed to undergo additional imprisonment.

(2.) In this appeal, out of four accused-appellants, accused-appellant no.1 Hasarat Ali was reported to have died pending appeal so appeal has been ordered to have abated in respect of appellant no.1 Hasarat Ali vide order dated 27.2.2017. Thus, the appeal is being decided against appellants no.2, 3 & 4 namely Asafaq Ali alias Chand Munna, Khalik and Shaukat Ali.

(3.) Facts giving rise to the present appeal may be summarized as under.