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2015 Supreme(All) 3963

SHASHI KANT GUPTA, OM PRAKASH VII
Mobin – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant :- Daya Shankar Mishra, Mukhtar Alam, Km. Ifra Islam, Raj Kumar, V. Saran, S.P.S. Raghav, Sami Ullah Khan
For the Respondent:- A.G.A., S.P.S. Raghav, Shailendra Awasthi, Sunil Kumar Singh and Rajiv Kumar.

 JUDGMENT

Om Prakash-VII, J.

1. This criminal appeal has been preferred by the accused appellants against the judgement and order dated 5.12.1985 passed by the VIIth Additional District & Sessions Judge, Ghaziabad in Session Trial No. 414 of 1983 (State of U.P. vs. Mobin and others) convicting and sentencing the appellants for the offence punishable under Section 302 IPC read with Section 149 IPC to undergo life imprisonment, for the offence under Section 307 IPC read with Section 149 IPC to undergo three years rigorous imprisonment and for the offence under Section 148 IPC to undergo two years rigorous imprisonment. All the sentences have been directed to run concurrently.

2. At the outset, it is relevant to mention here that during pendency of this appeal, the appellant no.1 - Mobin @ Momin, appellant no.2 Kalwa, appellant no.7 Firasat, appellant no.8 Intzar and appellant no.9 Sadaqat Ali have died. Accordingly, vide orders dated 10-03-2015, this Court has abated the appeal in respect of the appellant no.1 - Mobin @ Momin, appellant no.2 Kalwa, appellant no.7 Firasat, appellant no.8 Intezar and appellant no.9 Sadaqat Ali.

3. Now, we are proceeding to consider the present appeal in
























































































































































































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