YASIN Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 26-6-1981 passed by Sri N. C. Jain, the then IXth Additional Sessions Judge, Agra in S.T. No. 646 of 1980, whereby he convicted the accused-appellants Yasin and Shanker of the offences under Sections 399/402, I.P.C. and sentenced them to undergo R.I. for a period of 3 years each and further convicted each one of them of the offences under Section 4/25 of the Arms Act and sentenced each one of them to undergo R.I. for a period of 6 months and directed the sentences to run concurrently.

(2.) Present accused-appellants Yasin and Shanker and co-accused Rajvir were tried together by the learned Addl. Sessions Judge in the said Sessions Trial. The present accused-appellants were convicted and sentenced as aforesaid the impugned judgment Rajvir co-accused also was convicted for the offences under Sections 399/402, IPC and awarded similar sentence of R.I. for a period of 3 years. His conviction was also made for the offence under Section 25 of the Arms Act and he was sentenced to undergo R.I. for a period of 9 months for this offence by the same judgment. The present appeal was preferred by Yasin and Shanker accused-appellants. The record of the appeal by Rajvir co-accused is not before this Court.

(3.) The arguments of this learned counsel for the accused-appellants and the learned A.G.A were heard in this appeal. At that time it was not pointed out by the counsel for any of the parties that Criminal Appeal No. 2354 of 1981 was preferred by the third accused and that it was pending. Since the appeal is an old one and the arguments have been heard, I do not consider it necessary to defer the judgment and list this appeal again for arguments along with the criminal appeal of the co-accused.