CHHABINATH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rahul Saxena, learned counsel for the appellants, Sri Irshad Hussain, learned A.G.A. for the State and perused the record.

(2.) This Criminal Appeal has been preferred by the accused appellants, Chhabinath, Bhagwan Swaroop and Anoop Kumar against the judgement and order dated 23.11.2007 passed by the Additional Sessions Judge, Court No.1, Pilibhit in S.T. No. 504 of 2005, State Vs. Chhabinath and others whereby all the accused appellants have been convicted and sentenced under Section 302 I.P.C. read with Section 34 I.P.C. with life imprisonment and fine of Rs. 5,000/- and in default of payment of fine, six months additional imprisonment each.

(3.) Accused appellant nos. 1 and 2 i.e. Chhabinath and Bhagwan Swaroop have died and their appeals have been abated vide this Court's order dated 8.05.2019, therefore, only appeal of appellant no. 3, Anoop Kumar remains for our consideration.