SHIV NARAIN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Anil Kumar, learned counsel for the appellants and learned Additional Government Advocate (here-in-after referred as AGA).

(2.) This Criminal Appeal under Sec. 374(2) of Code of Criminal Procedure Code (here-in-after referred as CrPC) has been filed for setting aside the conviction and sentence awarded by Additional District and Sessions Judge, Fast Track Court No. 4, Hardoi by means of the judgment and order dtd. 21/5/2004 passed in Session Trial No. 300/2000; State of Uttar Pradesh versus Shiv Narain (now deceased) and others, arising out of Case Crime No. 232/99 under Sec. 304 of Indian Penal Code (here-in-after referred as IPC), Police Station Kachhauna, District Hardoi, by means of which the appellants have been convicted and awarded a punishment of 5 years rigorous imprisonment each and Rs.3000.00 fine each and in violation of payment of fine, one year additional simple imprisonment each under Sec. 304(ii) of IPC.

(3.) This appeal has been filed by Shiv Narain son of Girdhari Lal, Santosh and Vinod both sons of Shiv Narain. The appellant no.1- Shiv Narain son of Girdhari Lal died during pendency of appeal, therefore, the appeal on his behalf abated.