- (1.) PRESENT petition has been moved under Section 482 Cr.P.C by petitioner, Sarvesh Kumar, with prayer to set aside order dated 23.11.2005 passed by opposite party no.2, Additional District and Sessions Judge, Court No.4, Hardoi in S.T. No. 86/1993 Annexure No.6 to the petition.
(2.) I have heard learned counsel for petitioner as well learned A.G.A.
(3.) LEARNED counsel for petitioner contended that Ram Swaroop, father of petitioner Sarvesh Kumar, was convicted and sentenced along with others vide judgment and order dated 24.3.1995 passed by learned 4th Additional District and Sessions Judge, Hardoi in S.T. No.86/1993, under Sections 323/34, 325/34, 308/34 and 452 I.P.C. Thereafter, Ram Swaroop, father of petitioner along with other co -accused filed Criminal Appeal No.169/1995, Ram Swaroop and others versus State against said judgment and order passed by Additional Sessions Judge. Learned counsel for petitioner contended that during pendency of said appeal accused -appellant, Ram Swaroop, father of petitioner died but without taking into consideration the factum of death of accused -appellant, Ram Swaroop, this High Court decided the said appeal vide order dated 24.1.2003 and dismissed the appeal but modified sentences awarded by trial court by converting sentences of imprisonment into fine only. Thereafter, learned Additional District and Sessions Judge -4th, Hardoi has passed impugned order dated 23.11.2005 in compliance of judgment and order dated 24.1.2003 passed by High Court and has directed to issue recovery warrant against deceased, Ram Swaroop.;