RAM ASREY Vs. STATE

JUDGEMENT

(1.) Head Sri Nagendra Mohan, learned counsel for the appellants as well as Mrs. Smiti Sahay, learned Government Advocate for respondent-State.

(2.) This criminal appeal has been filed by the convicted appellants under Section 374(2) Cr.P.C. against the judgment and order dated 20/06/1981 passed by the 1st Additional Sessions Judge, Kheri in S.T No. 387 of 1980. The trial court convicted the appellant's for the offences punishable under sections 302/24 IPC and also appellants no.1 and 2 under section 323 read with section 34 IPC and appellant no.3 under section 323 IPC sentencing them to 2 months rigorous imprisonment and imprisonment for life.

(3.) Out of three convicted appellants, appellant no. 1 -Ram Asrey and appellant no. 2 - Hardwari Lal have died during pendency of this appeal, thus this appeal stands abated in respect to appellant nos. 1 and 2 and the appeal survives only in respect of appellant no. 3 - Shiv Shanker.