M.A.RAFIQ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard both the learned Counsel. Criminal Appeal No. 161/2010 was admitted on 21st April 2010. The appellants challenge conviction recorded under Section 307, read with Section 34 of Indian Penal Code, in Special Case No. 21/2007, on 31-3-2010, by the learned Additional Sessions Judge, Nanded, thereby directing the appellants/original accused nos. 1 and 2, to undergo rigorous imprisonment for seven years and to pay fine of Rs. 1000/-, each, in default, to undergo further rigorous imprisonment for 3 months.

(2.) During the pendency of the appeal, appellant no. 2 - M.A. Raheman @ Baba s/o. Shaikh Farid expired on 4-5-2012 at Nanded and consequently, the appeal abates to his extent.

(3.) The original complainant, feeling aggrieved by the same judgment, recording acquittal of original accused nos. 3 and 4, namely, M. Yakub s/o. M. Hajisahab and Moin Ahemad s/o. A. Majid, respectively, has preferred Criminal Appeal No. 365 of 2011 which was admitted on 12th July 2011.