WAZID HUSSAIN ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) We have already heard the arguments of Mr. Rajendra Prasad Gupta, learned counsel for the appellants and learned Spl. P.P. appearing for the State assisted by Mr. Gopal Krishna Sinha, learned counsel for the informant.

(2.) It is to be mentioned at the very outset that the present appeal was filed by eight accused persons, out of them, appellant No.4, Hasim Ansari, appellant No.7, Farid Ansari and appellant No.8, Suleman Ansari had died and their appeal was abated vide order dtd. 3/11/2025. The names of surviving appellants, Wazid Hussain Ansari, Janat Hussain Ansari, Samsudin Ansari, Hafiz Ansari and Hanif Ansari have been renumbered and the appeal is heard on behalf of the aforesaid alive appellants.

(3.) The instant criminal appeal is directed against the judgment and order of conviction and sentence dated 22nd & 24/4/2003 in S.T. No.1 of 1992 (Trial No.278 of 2002) arising out of Nagar Untari P.S. Case No.159 of 1990, corresponding to G.R. Case No.735 of 1990 passed by learned 1st Additional Sessions Judge, Fast Track Court, Garhwa, whereby and whereunder, the appellant No.1, Wazid Hussain and appellant No.2, Janat Hussain were directed to undergo R.I. for 2 years for the offence under sec. 148 of IPC and R.I. for 10 years for the offence under Sec. 326/149 of IPC. The original appellant No.3 to 8 have been found guilty for the offence under Sec. 147 of Indian Penal Code and sentenced to undergo rigorous imprisonment for one year.