AMIRUL HASAN Vs. STATE OF UP

JUDGEMENT

(1.) ACCUSED appellants Amirul Hasan, Ahmad Hasan and Gaus Mohammad have preferred this appeal against the judgment and order dated 12.09.2003 passed by VIIIth Additional Sessions Judge, Faizabad in Sessions Trial No.676 of 1998, by which each of the appellants were convicted for the offence punishable under Section 324 IPC and sentenced to undergo two years rigorous imprisonment and a fine of Rs.1,000/- each; for the offence punishable under Section 323 IPC and sentenced to undergo rigorous imprisonment for six months and Rs.500/- each as fine.

(2.) DURING the course of appeal, appellant no.1, Amirul Hasan died and report to this effect has been received. The Chief Judicial Magistrate, Faizabad has reported that the accused appellant, Amirul Hasan had died on 9.8.2006.

(3.) THE learned Sessions Court framed charges against the accused for the offence punishable under Section 308/34, 323/34, 504, 506(2) IPC, to which the accused denied and claimed trial. The prosecution examined the complainant Sadullah as PW1, Abdul Kadir as PW2, Shamsuddin as PW3, Constable Rajkesh as PW5, IO C.L. Sharma as PW6 and Dr. B.K. Lal as PW5. The defence did not lead any evidence.