VIJAY KUMAR VERMA, J.

( 1 ) THIS appeal is directed against the judgment and order dated 29th June 1982, passed by 2nd Additional Sessions Judge Meerut, in S. T. No. 642 of 1976 (State vs. Hameed and others), whereby acquitting the co-accused Hameed, Riyasat, Dilshad s/o Hakeem, Intizar, Ilyas and Abid, the appellants-accused Munaf, Dilshad s/o Shabbir and Shakhawat have been convicted and sentenced to undergo imprisonment for life under section 302 read with section 149 Indian Penal Code (in short the ipc) and one years rigorous imprisonment under section 148 IPC. By the same judgment, the appellants-accused Khalid and Bhoorey have also been convicted and sentenced to undergo imprisonment for life under section 302 read with section 149 IPC and six months rigorous imprisonment under section 147 IPC. No separate sentence under sections 323 and 307 both read with section 149 IPC has been awarded in view of the sentence under section 302/149 IPC, although these appellants were charged under section 323/307 read with section 149 IPC also.

( 2 ) DURING the course of appeal, the appellants-accused Munaf and Bhoorey died and hence the appeal against them has abated.

( 3 ) BACKGROUND fact

Click Here to Read the rest of this document