VIRENDER SINGH, J. - (1.) VIDE our short order of even date, Cr. Appeal (D.B.) No. 1679 of 2003 stood partly allowed, whereas remaining three Criminal Appeals are allowed acquitting all the appellants therein. We shall now enter into a detailed judgment.
(2.) IN all seven accused, namely, Maqbool Ansari, Sazad Ansari, Azad Ansari, Imtiaz Ansari, Mustaffa Ansari, Muntzir Ansari and Jalil Ansari, faced trial for the charge of Sections 302/149, 323/149, 148 and 147 IPC for allegedly committing the murder of one Budhdev Oraon and causing simple injuries to P.Ws. Chandradev Oraon and Sukhdev Oraon and stand convicted for the aforesaid charge vide impugned judgment of learned Additional Sessions Judge, Fast Track Court, Lohardaga dated 30.09.2003/01.10.2003. They are sentenced as under: - Rigorous imprisonment for life and R.I. of six months u/s 302/149 and 323/149 of the Indian Penal Code respectively. Azad Ansari, Imtiaz Ansari and Jalil Ansari are further sentenced to undergo R.I. of 2 (two) years u/s 148 of the IPC and Maqbool Ansari, Sazad Ansari, Mustaffa Ansari and Muntzir Ansari are sentenced to undergo R.I. for 1 (one) year u/s 147 of the Indian Penal Code. All the sentences are ordered to run concurrently.
(3.) AGGRIEVED of the impugned judgment, the aforesaid seven accused have filed their separate appeals viz. Cr. Appeal (DB) No. 1679 of 2003 by Azad Ansari only, Cr. Appeal (DB) No.1547 of 2003 by Maqbool Ansari, Sazad Ansari and Imtiyaz Ansari, Cr. Appeal (DB) No.1548 of 2003 by Mustafa Ansari only and Cr. Appeal (DB) No. 1568 of 2003 by Muntzir Ansari and Jalil Ansari. This is how, all the four appeals have been clubbed for their final consideration. At the very outset, it has been brought to our notice that Maqbool Ansari, one of the appellants in Cr. Appeal (DB) No. 1547 of 2003 has since died. Thus, the said appeal abates qua him and survives qua two others. He was on bail. Except Azad Ansari, who by now has undergone about 14 years of substantive sentence and languishing in jail since the date of his initial arrest in this case, all other accused are on bail. This primarily is the reason for taking up these appeals giving priority to incarceration period of one of the accused (Azad Ansari).;