MAHABIR AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Upendra Upadhyay, learned counsel for the appellant and Sri J. K. Upadhyay, learned A.G.A. for the State.

(2.) This appeal has been filed by appellants-Mahabir, Dalveer and Brij Nath against the judgment and order dated 9.1.1984 passed by Special Judge (E. C. Act) Etah in S.T. No. 104 of 1983 (State Vs. Mahabir and two others) by which Mahabir A1 was convicted and sentenced to imprisonment for life under Section 302 I.P.C. Mahabir A1 was further convicted and sentenced to four years rigorous imprisonment under Section 323/34 I.P.C. along with Dalveer A2 and Brij Nath A3.

(3.) Record shows that Brij Nath A3 has died during the pendency of this criminal appeal and qua Brij Nath A3 this appeal was dismissed as abated by order dated 28.2.2017 passed by another co-ordinate Bench of this Court comprising of Hon'ble Ramesh Sinha, J. and Hon'ble Krishna Pratap Singh, J.