MANGA Vs. STATE OF U P

JUDGEMENT

(1.) The present Criminal Appeals have been preferred against the judgment and order dated 28.8.2009 passed by Addl. Sessions Judge, Court No.12, Muzaffarnagar in Special Case No.1 of 2004, State Vs. Manga and others, arising out of Case Crime No.903 of 2003, u/s 18/20 N.D.P.S. Act, P.S. Kotwali, district Muzaffarnagar whereby trial court has convicted the accused-appellants Manga and Ram Kumar for an offence u/s 18/20 N.D.P.S. Act for ten years R.I with fine of Rs. one lac, in Special Case No.2 of 2004, State Vs. Ombeer, arising out of Case Crime No.904 of 2003, u/s 18/20 N.D.P.S. Act, P.S. Kotwali, district Muzaffarnagar, the trial court has convicted the accused-appellants Ombeer for an offence u/s 18/20 N.D.P.S. Act for 7 years R.I with fine of Rs.50,000/-, in Special Case No.3 of 2004, State Vs. Sauraj, arising out of Case Crime No.905 of 2003, u/s 18/20 N.D.P.S. Act, P.S. Kotwali, district Muzaffarnagar, the trial court has convicted the accused-appellants Sauraj for an offence u/s 18/20 N.D.P.S. Act for 7 years R.I with fine of Rs.50,000/-, in Special Case No.4 of 2004, State Vs. Momeen, arising out of Case Crime No.906 of 2003, u/s 18/20 N.D.P.S. Act, P.S. Kotwali, district Muzaffarnagar, the trial court has convicted the accused-appellants Momeen for an offence u/s 18/20 N.D.P.S. Act for 7 years R.I with fine of Rs.50,000/-.

(2.) Since all the criminal appeals arise out of a common judgment and order, hence with the consent of learned counsel for the parties, all the criminal appeals are being heard and decided by this common judgement and order.

(3.) It is noteworthy to mention here that there were six accused persons involved in the present case including the appellants who were put to trial and they have been convicted for the offences in question out of which the appellant Brij Mohan, S/o Om Prakash who had preferred an appeal against his conviction being Criminal Appeal No.5584 of 2009 has died during the pendency of the trial and his appeal has been ordered to be abated by this Court vide order dated 16.11.2018. Hence the Court proceeds to adjudicate the appeals filed by the aforesaid five appellants.