BHAGGAL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the appellants, learned AGA for the State and perused the record.

(2.) This appeal has been preferred against the order of conviction and sentencing dtd. 19/11/2003 passed by the Additional Sessions Judge, Court No.6, Sitapur in Sessions Trial No.689 of 1999 (State Vs. Ram Naresh and others) arising out of Case Crime No.187 of 1997, under Sec. 307 IPC, Police Station Ramkot, District Sitapur convicting the appellants Bhaggal and Ashok Kumar under Sec. 307 read with Sec. 34 IPC and sentencing to undergo rigorous imprisonment of 10 years each and Rs.5,000.00 fine to each of the accused and to undergo six months simple imprisonment each in case of default of payment of fine.

(3.) During the pendency of appeal, appellant no.1, Bhaggal has died and the appeal in respect of appellant no.1, Bhaggal has been abated. Thus, the appeal survives only in respect of appellant no.2, Ashok Kumar.