LAWS(MPH)-2009-4-83

SHEIKH ARIF Vs. STATE OF MADHYA PRADESH

Decided On April 18, 2009
SHEIKH ARIF Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) APPELLANT has filed this appeal against the judgment dated 10. 10. 2008, passed by Additional Sessions Judge, Sihora, in Sessions Trial No. 38/2007, convicting him under Sections 302 and 307 of the Indian Penal Code and awarding him death sentence under Section 302 of the Indian Penal Code and further sentencing him to imprisonment for life under Section 307 of the Indian Penal Code with fine of Rs. 10,000/on perusal of record of Criminal Appeal No. 2311/08, it is revealed that appellant has already filed a joint appeal with other accused persons viz. Sheikh Anwar and Sheikh Saleem before this Court against the impugned judgment, which has been registered as Criminal Appeal No. 2311/08.

(2.) SINCE the Criminal Appeal No. 2311/08, filed by the appellant is earlier in time, this subsequent appeal on his behalf is clearly not maintainable. In this view of the matter, this appeal is dismissed, as not maintainable.