DHANI RAM Vs. STATE

JUDGEMENT

(1.) Heard Sri Patanjali Mishra, appointed as Amicus Curiea by the Court for the appellant nos. 3 and 4 and Sri khilesh Singh and Sri Rajiv Gupta, learned AGA for the State.

(2.) With the consent of learned counsel for the parties, the present appeal is being finally disposed off.

(3.) At the very outset it may be noted that the present appeal was filed by four appellants, namely, Dhani Ram son of Ganeshi, Khargi son of Ganeshi, Hari Shanker son of Bankey Lal and Buddhu son of Bankey Lal all residents of village Nawada, police station Bisauli, district Budaun. However, during the pendency of the aforesaid appeal, accused-appellant nos. 1 and 2, namely, Dhani Ram and Khargi, both being real brothers, have died respectively and as such their appeal was abated vide order of this Court dated 06.03.2014 and thus at present the Court is concerned and is considering the appeal only on behalf of appellant nos. 3 and 4.