Arvind Kumar Mishra, J. - (1.) By way of instant appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 01.11.2003 passed by the Additional Sessions Judge, Fast Track Court, Sonbhadra, in Session Trial No.37 of 2003 State Vs. Krishna and others, arising out of Case Crime No.106 of 2003 under Sections 436, 147, 427 I.P.C., Police Station- Chopan, District- Sonbhadra, whereby the accused-appellants have been sentenced to undergo ten years rigorous imprisonment coupled with fine Rs.2000/- under Section 436 I.P.C., one year rigorous imprisonment under Section 147 I.P.C. and one year rigorous imprisonment under Section 427 I.P.C., in default of payment of fine, they will have to undergo additional one year imprisonment.
(2.) Relevant to mention that appellant no.3 Ram Sunder has died during pendency of this appeal, therefore, the appeal qua appellant no.3 Ram Sunder stood abated on 29.10.2018.
(3.) Heard Sri Ashok Kumar Srivastava, learned counsel for appellant nos.1 and 2, Sri Mukesh Kumar Pandey, learned counsel for the informant, Sri Om Narain Tripathi, learned A.G.A. assisted by Sri Ajay Kumar Singh, learned brief holder for the State and perused the record.;