MASHOOK Vs. STATE OF U.P.

JUDGEMENT

(1.) As both the appeals arise out of same judgment and order, hence the same are hereby decided by this common judgment and order.

(2.) The present appeals have been directed against the judgment and order dated 29.7.2019 passed by Additional Sessions Judge, Court No. 7 Saharanpur in S.T. No. 738 of 2007 State vs. Mashooq and others by which all the appellants have been convicted under section 147 I.P.C. and sentenced to undergo one year imprisonment with a fine of Rs. 1,000/- whereas all the appellants have been convicted under section 148 I.P.C. and sentenced to undergo two years R.I. with a fine of Rs. 1,000/- further all the appellants have convicted under section 302/149 IPC and have been sentenced to undergo life imprisonment with a fine of Rs. 15,000/- whereas appellant nos. 1 and 4 have been convicted under sections 25/4 Arms Act and have been sentenced to undergo one year imprisonment and a fine of Rs. 2,000/- and appellants nos. 2 and 3 have been convicted under section 25 Arms Act and have been sentenced to under one year imprisonment and a fine of Rs. 2,000/- Appellants Shafique and Babar were also convicted under section 147 I.P.C. and sentenced for one year R.I. with a fine of Rs. 1000/- and also convicted under section 148 I.P.C. for 2 years R.I. with a fine of Rs. 1,000/-. All the sentences have been ordered to run concurrently.

(3.) As per the report of the C.J.M., Saharanpur dated 13.9.2019, the appellant Shafique died during the pendency of the appeal on 19.12.2009, hence the appeal on his behalf is abated and the Court proceed to hear the appeal on behalf of other appellants.