ANIL KUMAR SRIVASTAVA,J. - (1.) Heard Shri Manoj Kumar Gupta, learned counsel for the appellant no.3, learned AGA and perused the record.
(2.) At the very outset, appellant no. 1 Prabhu and appellant no. 2 Kalloo have died pending appeal. Hence their appeal is abated.
(3.) The instant appeal has been filed against the judgment and order dated 6.7.1996 passed by the Sessions Judge, Raebareli in Sessions Trial No. 333 of 1991, State v. Prabhu and others , arising out of case crime no.80/91 under sections 302,323/34 IPC, Police Station Deeh, District Raebareli, whereby the learned trial court has convicted and sentenced the accused under 304 part - I read with Section 34 I.P.C. for rigorous imprisonment of five years and under Section 323 I.P.C. read with Section 34 I.P.C. for rigorous imprisonment of six months. Both the sentences were ordered to run concurrently.;