STATE OF U P Vs. ATABUL

JUDGEMENT

(1.) THIS appeal is on behalf of the State of U.P. against the judgment and order dated 10 -8 -1983, passed by Sri V.S. Agarwal, the then Sessions Judge, Deoria, in Sessions Trial No. 390 of 1982, State v. Atabul and four Ors., under Sections 147, 148 and 302/149 I.P.C.

(2.) LEARNED Sessions Judge found Atabul, accused respondent No. 1, guilty of committing offence under Section 304 Part II of I.P.C. instead of 302 I.P.C. and convicted and sentenced him to undergo one year's R.I. and to pay a fine of Rs. 5,000. In default of payment of fine, respondent No. 1 Atabul was directed to undergo two years further R.I. The fine, in case of deposit, was directed to be paid as compensation to the complainant.

(3.) DURING the pendency of this appeal respondent No. 3, Abdul Haji, was reported to have died. The appeal was ordered to abate against him vide order dated 23 -3 -2005.