Sheo Kumar Singh, J. - (1.) The present criminal appeal has been filed against the judgment and order dated 28.07.2000 passed by 4th Additional Sessions Judge, Gonda, in Sessions Trial No.248 of 1997, arising out of Case Crime No.1 of 1996, whereby and whereunder the appellants/accused namely, Jhapti, Rajendra, Bharosey, Manager and Devendra were found guilty under Sections 324/149 I.P.C. and sentenced to undergo rigorous imprisonment for a period of two years, rigorous imprisonment for a period of 6 months, under Section 323 I.P.C. and rigorous imprisonment for a period of 1 month, under Section 147 I.P.C.
(2.) The brief facts giving rise to the present criminal appeal is that the First Information Report was lodged on 02.01.1996 at about 10.30 P.M. in the night, all the accused/appellants abused the complainant and caused injuries by Lathi. The matter was reported to the police station and the First Information Report was lodged and after investigation, a chargesheet was submitted against the appellant. Charges were levelled against the appellants for which they pleaded not guilty and claimed for trial.
(3.) During the hearing of the appeal appellants Jhapti and Manager was taken into custody and are in Jail. The appellant no.5 Devendra was confirmed as died. Thus, the appeal against the appellant no.5 Devendra stands abated.;