IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) NO. 3 OF 2000

WITH

CRIMINAL APPEAL (SJ) NO. 16 OF 2000

WITH

CRIMINAL APPEAL (SJ) NO. 56 OF 2000

AGAINST THE JUDGMENT OF CONVICTION AND ORDER OF

SENTENCE DATED 22^ND DECEMBER, 1999 PASSED BY SHRI

UMAKANT SRIVASTAVA, 1^ST ADDITIONAL SESSIONS JUDGE,

BHABHUA IN SESSIONS TRIAL NO. 673 OF 1989/134 OF 1999

ARISING OUT OF BHABHUA POLICE STATION CASE NO. 162 OF

1989

========================================================

AAS MOHAMMAD ANSARI, SON OF GUL MOHAMMAD ANSARI,

RESIDENT OF VILLAGE SONHAN, P.O. AND P.S. SONHAN,

DISTRICT KAIMUR (BHABHUA)

…......... APPELLANT (CR. APP. 3 OF 2000)

WITH

GUL MOHAMMAD ANSARI @ GULLU MIAN, SON OF LATE

JUMMAN MIAN, RESIDENT OF VILLAGE SONHAN, P.O. AND P.S.

SONHAN, DISTRICT KAIMUR (BHABHUA)

…….….. APPELLANT (CR. APP. 16 OF 2000)

WITH

1. HAIDAR ANSARI @ HAIDER ALI ANSARI, SON OF ISRAIL ANSARI

2. SAHIDUL ANSARI, SON OF KARIM ANSARI

3. MUSLIM ANSARI, SON OF AAAS MD. ANSARI

4. AKHTAR HUSSAIN @ AKHTAR ANSARI, SON OF ISRAIL ANSARI

5. TASLIM ANSARI, SON OF AAS MD. ANSARI

6. QUAMUDDIN ANSARI, SON OF IDRIS ANSARI

7. SAHBAN ANSARI, SON OF SULEMAN ANSARI

ALL RESIDENTS OF VILLAGE SONHAN, P.O. AND P.S. SONHAN,

DISTRICT KAIMUR (BHABHUA)

……………. APPELLANTS (CR. APP. 56 OF 2000)

VERSUS

THE STATE OF BIHAR …….... RESPONDENT (IN ALL APPEALS)

Appearance :

(In CR. APP (SJ) No. 3 of 2000)

For the Appellant/s : Mr. Abbas Haider

Mr. Md.Kamil Akhtar

For the Respondent/s : Mr.

(In CR. APP (SJ) No. 16 of 2000)

For the Appellant/s : Mr. Md. Abdul Haque

Mr. Md. Kamil Akhtar

Mr. Syed Firoz Raza

Mr. Abbas Haidar

Patna High Court CR. APP (SJ) No.3 of 2000 dt.04-07-2012

2 / 7

2

For the Respondent/s : Mr.

(In CR. APP (SJ) No. 56 of 2000)

For the Appellant/s : Mr. Md.Kamil Akhtar

Mr. Syed Firoz Raza

Mr. S.Qaisar Hasan

For the Respondent/s : Mr.

=======================================================

CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN

ORAL JUDGMENT

Date: 10-07-2012

Sheema Ali Khan, J.

There are three sets of appeals preferred against

the common judgment of conviction and order of sentence dated

22^nd December, 1999 passed by the 1^st Additional Sessions

Judge, Bhabhua in Sessions Trial No. 673 of 1989/134 of 1999

arising out of Bhabhua Police Station Case No. 162 of 1989 and

accordingly, they are disposed of by this common judgment.

2. By the judgment under appeal, the appellants

Aas Mohammad Ansari (Cr. Appeal No. 3 of 2000) and Gul

Mohammad Ansari (Cr. Appeal No. 16 of 2000) were sentenced to

undergo rigorous imprisonment for ten years for the offences

punishable under Section 304/34 of the Indian Penal Code. The

seven appellants of Criminal Appeal No. 56 of 2000 were also

sentenced to undergo rigorous imprisonment for six years each

for the offences punishable under Section 323 of the Indian

Penal Code.

3. A supplementary affidavit has been filed on

behalf of Gul Mohammad Ansari @ Gullu Mian wherein it has

been stated that Gul Mohammad Ansari died on 12^th November,

2001. The death certificate has not been annexed to this

Patna High Court CR. APP (SJ) No.3 of 2000 dt.04-07-2012

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3

supplementary affidavit, therefore, as far as Gul Mohammad

Ansari is concerned, his appeal would abate subject to the

verification by the Trial Court or else the case of Gul Mohammad

Ansari would be governed by the judgment which has been

delivered on merits in this case. It has also been stated that

Sahidul Ansari, appellant of Criminal Appeal No. 56 of 2000 died

on 25^th June, 2012. The appeal against him would abate subject

to the verification by the Trial Court or else he would also be

governed by the judgment delivered in this case.

4. The case, as made out in the First Information

Report is that on the basis of the written repor