SHIV PUJAN SINGH AND ANOTHER Vs. STATE

JUDGEMENT

(1.) By way of the instant appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 04.03.1987 passed by III-Additional Sessions Judge, Ghazipur, in Session Trial No.64 of 1985 State Vs. Shiv Pujan Singh and another, arising out of Case Crime No.120 of 1983 under Sections 325/34, 323/34 IPC, Police Station- Suhwal, District- Ghazipur, whereby appellants have been sentenced to six months simple imprisonment coupled with fine Rs.250/- under Section 325 read with Section 34 IPC and one month simple imprisonment under Section 323 read with Section 34 IPC. On realization of the amount of fine, Rs.400/- was directed to be paid to Shiv Mangal Singh. Both the sentences were ordered to concurrently.

(2.) Relevant to mention that the appellant no.1 Shiv Pujan Singh died during pendency of the appeal. Therefore, the appeal qua appellant no.1 Shiv Pujan Singh stood abated vide order of this Court dated 15.02.2018.

(3.) Heard Sri Ramesh Chandra Yadav, learned counsel for the sole appellant, Sri B.D. Nishad and Sri Sushil Kumar, learned AGAs for the State and perused the record.