SARVESH KUMAR DUBEY Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard, Ms. Megha Sachan, Advocate holding brief of Shri Adil Aziz Khan, learned counsel for the appellant and Shri Badrul Hasan, learned Additional Government Advocate (here in-after referred as AGA).

(2.) This Criminal Appeal under Sec. 374(2) of Code of Criminal Procedure (here-in-after referred as CrPC) has been filed for setting aside the conviction and sentence awarded by the court of IIIrd Additional Sessions Judge, Pratapgarh by means of the judgment and order dtd. 28/10/1996 passed in Session Trial No. 44 of 1991; State of Uttar Pradesh versus Sarvesh Kumar Dubey and another, under Sec. 307/34, 504 and 109 of Indian Penal Code (here-in-after referred as I.P.C.), Police Station Lalganj, District Pratapgarh, by means of which the appellant no. 1-Sarvesh Kumar Dubey has been convicted under Sec. 324 read with Ss. 34 and 109 I.P.C. and the appellant no.2-Rajiv Kumar Mishra has been convicted under Sec. 324 I.P.C. and they have been sentenced with a punishment of 2 and 1/2 years rigorous imprisonment and Rs.500.00 fine and in default of payment of fine, to undergo one month rigorous imprisonment.

(3.) The appellant no. 2-Rajiv Kumar Mishra died during pendency of the appeal, therefore, the appeal in reference to him had abated by means of the order dtd. 14/3/2013. Now this appeal survives only by the appellant no. 1-Sarvesh Kumar Dubey.