BHOOLAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Akhilesh Kumar Mishra holding brief of Sri Kunwar Dhananjay Singh learned counsel for the appellant no. 2 and 3, Sri Shishir Pradhan learned counsel for the appellant no. 4, Sri Arunendra learned A.G.A for the State, and Sri Uma Kant Gupta learned counsel for complainant and perused the record.

(2.) The aforesaid criminal appeal arises out of order and judgment dtd. 15/10/2001 passed by VIIth Additional Sessions Judge, Raebareli in S.T. No. 210 of 1995 (State v. Bhoolan and others) arising out of Case Crime no. 13 of 1993, wherein the applicants have been convicted and sentenced to undergo life imprisonment u/s 304 IPC r/w 34 Indian Penal Code (in short IPC), one year rigorous imprisonment u/s 325 IPC r/w 34 IPC, six months rigorous imprisonment u/s 504, 323 r/w 34 IPC, one year rigorous imprisonment u/s 506(2) along with a fine of Rs.2000.00 each and in default of payment of fine six months rigorous imprisonment each. It has further been provided that all the sentences shall run concurrently.

(3.) The appellant no. 1, namely, Bhullan, passed away during the pendency of the appeal, therefore, the appeal on behalf of the appellant no. 1 stands abated. The appeal survives only on behalf of appellants no. 2, 3 and 4.