GANGA PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel appearing for Appellant No. 2, learned Additional Government Advocate appearing for the State and perused the record.

(2.) I find from the record that Appellant No.1 has already died and the present appeal in respect of Appellant No.1 has already been dismissed as abated vide order dtd. 26/2/2020 passed by this Court.

(3.) Appellant No.2 through present appeal has challenged judgment and order dtd. 6/11/2001 passed by 9th Additional Sessions Judge, Lucknow in Session Trial No. 744 of 1996 (State Vs. Ganga Prasad and Anr.) whereby Appellant No. 2 has been convicted for offence punishable under Sec. 363 IPC and has been sentenced for rigorous imprisonment of five years with fine of Rs.5,000.00 with rider that in default of payment of fine, he will have to undergo simple imprisonment of one year.