BABOO KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants/ accused persons have filed this appeal u/S. 374(2) of CrPC being aggrieved by judgment of conviction and order of sentence dtd. 06/04/2000 passed by XIV ASJ Indore, in S.T. No.1/1993 whereby the learned trial court has convicted the appellants u/Ss. 148, 307 r/w 149 (2 counts), 324 r/w 149 of IPC and sentenced to rigorous imprisonment for 1 year, 5 years (Two counts) and fine of Rs.500.00 and 6 months, to each, respectively, with default stipulation.

(2.) It was undisputed fact before the learned trial court that a cross sessions case No.158/1993, State of Madhya Pradesh v. Ramzan and 5 others, offence punishable u/Ss. 147, 323 r/w 149, 324 r/w 149 and 307 r/w 149 of IPC, was pending against the complainant party Ramzan (PW/ 11), Abdul Malik (PW/ 1), Abdul Khaliq (PW/ 2) and witnesses Chand Babu (PW/ 5), Naoshad Khan (PW/ 6) and Razzaq (PW/ 4). The aforementioned case was decided on 20/11/1995 by Ist Additional Sessions Judge, Indore, whereby the complainant party/ accused persons were acquitted.

(3.) During pendency of this appeal, appellant No.1/ accused Babu Khan had died, therefore, this appeal has been abated against him.