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2019 Supreme(All) 352

PANKAJ NAQVI, UMESH KUMAR
Ashfaq – Appellant
Versus
State of UP – Respondent


Advocates Appeared:
K.D. Tiwari, Adv., Ajay Kumar Pandey, Adv., Braham Singh, Adv., Jamwant Maurya, Adv., Lav Srivastava, Adv., Mohd Yusuf, Adv., P.K. Singh, Adv., R.K. Khanna, Adv., R.K. Singh, Adv., Raja Ullah Khan, Adv., Rajul Bhargava, Adv., S.K. Pandey, Adv., Sanjay Singh, Adv., Satish Trivedi, Adv., Vijay Singh, Adv., Rajesh Pathik, Adv.

JUDGMENT :

UMESH KUMAR, J.

1. These three criminal appeals have been filed against the common judgment and order dated 29.05.2003 passed by Additional Sessions Judge, Moradabad in S. T. No. 623 of 2001 (State Vs. Ashfaq and others) convicting and sentencing the appellants to undergo life imprisonment under Sections 302/149 IPC and 7 years R.I. under Sections 307/149, IPC and also to undergo R.I. for 2 years under Section 148 of IPC. All the sentences were ordered to run concurrently.

2. In Criminal Appeal No. 3136 of 2003, the appellants-Ashfaq, Azamuddin and Jamil have died during pendency of appeal and therefore, appeals in respect of them stands abated.

3. The Criminal Appeal No. 2771 of 2003 preferred by appellant-Yusuf stands abated vide order dated 29.03.2017 on his death during pendency of the appeal.

4. Criminal Appeal No. 2909 of 2003 has been preferred by appellant-Masoom Ali.

5. Thus, appeals in respect of appellants Nafees, Ghulam Sabir, Asif @ Kalwa, Aslooq, Zakir, Qayyum and appellant-Masoom Ali survives.

6. In brief, the prosecution story, is that on 21.05.2001 at abo






























































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