- (1.) The appeal has been filed against judgment and order dated 4.12.2008 passed by Additional Sessions Judge/F.T.C. No.2, Kushinagar at Padrauna deciding jointly the two Special Sessions Trial Nos.13 of 2005 & 14 of 2005, arosen out of Case Crime Nos.1043 of 2004 & 1044 of 2004, under Sections 8/21 N.D.P.S. Act, P.S. Kotwali Padrauna, District Kushinagar, convicting the two accused Sallamuddin and Ram Kisun under Sections 8/21 (c) N.D.P.S. Act and sentencing each of them with rigorous imprisonment for a period of 10 years and fine of Rs.1,00,000/- and in case of default in payment of fine with simple imprisonment for additional period of two years.
(2.) As per report of Jail Superintendent, District Jail, Siddharth Nagar as well as Jail Superintendent, District Jail, Deoria, the convict-appellant Ram Kisun has died in the year 2012 and so the appeal, jointly filed by two convicts stands abated in respect of appellant no.1 Ram Kisun.
(3.) Heard learned counsel for the surviving convict Sallamuddin, learned A.G.A. for the State and perused the record.;