B.B.AGARWAL, J. - (1.) THIS appeal is on behalf of the State of U.P. against the judgment and order dated 10 -8 -1983, passed by Sri V.S. Agarwal, the then Sessions Judge, Deoria, in Sessions Trial No. 390 of 1982, State v. Atabul and four Ors., under Sections 147, 148 and 302/149 I.P.C.
(2.) LEARNED Sessions Judge found Atabul, accused respondent No. 1, guilty of committing offence under Section 304 Part II of I.P.C. instead of 302 I.P.C. and convicted and sentenced him to undergo one year's R.I. and to pay a fine of Rs. 5,000. In default of payment of fine, respondent No. 1 Atabul was directed to undergo two years further R.I. The fine, in case of deposit, was directed to be paid as compensation to the complainant. The accused Atabul Hussain was also charged for the offence under Section 148 I.P.C., but he was not found guilty of the said offence and was acquitted of the said charge. Other accused, namely, Ashik Ali, Abdul Hazi, Rijwanullah and Mansoor Ali were not found guilty of any charge and they were acquitted of all the charges. The appeal has been preferred for setting aside order of acquittal passed in connection with the accused persons.
(3.) DURING the pendency of this appeal respondent No. 3, Abdul Haji, was reported to have died. The appeal was ordered to abate against him vide order dated 23 -3 -2005.;