MUNAF Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 29th June, 1982, passed by IInd Additional Sessions Judge Meerut, in S.T. No. 642 of 1976, State v. Hameed and others, whereby acquitting the co-accused Hameed, Riyasat, Dilshad S/o Hakeem, Intizar, Ilyas and Abid, the appellants-accused Munaf, Dilshad S/o Shabbir and Shakhawat have been convicted and sentenced to undergo imprisonment for life under Section 302 read with Section 149, Indian Penal Code (in short the 'I.P.C.') and one year's rigorous imprisonment under Section 148, I.P.C. By the same judgment, the appellants-accused Khalid and Bhoorey have also been convicted and sentenced to undergo imprisonment for life under Section 302 read with Section 149, I.P.C. and six months' rigorous imprisonment under Section 147, I.P.C. No separate sentence under Sections 323 and 307 both read with Section 149, I.P.C. has been awarded in view of the sentence under Section 302/149, I.P.C. although these appellants were charged under Section 323/307 read with Section 149, I.P.C. also.

(2.) DURING the course of appeal, the appellants-accused Munaf and Bhoorey died and hence the appeal against them has abated.

(3.) ON the same day, Aurangzeb was medically examined in District Hospital, Meerut by P.W. 6 Dr. S.L.M.C. Varshaney at 2.00 p.m. The following injuries were found on his person vide injury report Ext. Ka-4 :