ARVIND KUMAR MISHRA-I,J. - (1.) Heard Sri Krishna Gopal, learned counsel for the appellants, Sri Manoj Dwivedi, learned A.G.A. assisted by Sri Bhanu Prakash Singh, learned brief holder for the State and perused the material available on record.
(2.) By way of instant criminal appeal, challenge has been made to the authenticity, veracity and sustainability of the judgment and order of conviction dated 14.2.1983, passed by the Vth Additional Sessions Judge, Moradabad in Sessions Trial No. 487 of 1980, ( State vs. Niroz Khan and others ), Police Station - Didauli, District - Moradabd, whereby the accused-appellants have been convicted under Section 323 read with Section 34 I.P.C . and sentenced to rigorous imprisonment for nine months.
(3.) Initially, in this case three appellants, namely Niroz Khan, Ahsan Khan and Yasin Khan preferred this appeal after being convicted under Section 323/34 I.P.C . in Sessions Trial No. 487 of 1980 ( State vs. Niroz Khan and others .) However, during pendency of this appeal, appellant no.1- Niroz Khan and appellant no.3- Yasin Khan died, due to which their cases stood abated against them.;