LOHAR Vs. STATE

JUDGEMENT

(1.) Heard Sri Vivekanand Rai, learned counsel for the surviving appellant no.3 and Sri Rajesh Kumar Gupta, learned AGA for the State.

(2.) The instant appeal has been filed by the appellants being aggrieved by judgment and order dtd. 4/5/1984 passed by the Ist Additional Sessions Judge, Mathura in S.T. No. 272 of 1983 whereby the appellants herein were convicted for the offence under Sec. 304/34 IPC and were sentenced to undergo seven years rigorous imprisonment with fine of Rs.1,000.00 and in default of payment, six months further imprisonment. They were further convicted and sentenced under Sec. 452 IPC and were directed to undergo one year rigorous imprisonment. They were also convicted and sentenced for the offence under Sec. 323/34 lPC and they were directed to undergo six months imprisonment with a fine of Rs.500.00 and in default of payment of fine, they were further directed to undergo three months simple imprisonment.

(3.) During the pendency of the instant appeal, the appellants no.1 and 2 have died and their appeal was abated on 23/10/2019. The appellant no.4 has also died and his appeal was also abated vide order 28/8/2025. Thus the instant appeal is surviving only on behalf of appellant no.3, who is represented by Sri Vivekanand Rai, Advocate.