Arvind Kumar Mishra, J. - (1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 30.06.1986 passed by the Additional Sessions Judge, Mirzapur, in Sessions Trial No.279 of 1983 State of U.P. Vs. Kallu and others, arising out of Case Crime No.3 of 1983, under Section 147, 304 Part II read with Section 149, 325 read with Section 149 IPC, 323 read with Section 149 IPC, Police Station- Jamalpur, District- Mirzapur whereby the appellants have been sentenced to undergo one year rigorous imprisonment under Section 147 IPC, five years rigorous imprisonment under Section 304 Part II read with Section 149 IPC, two years rigorous imprisonment under Section 325 read with Section 149 IPC and six months rigorous imprisonment under Section 323 read with Section 149 IPC. All the sentences have been ordered to run concurrently.
(2.) Relevant to mention that appellant no.5 Faujdar has died during pendency of this appeal. Therefore, the appeal qua appellant no.5 Faujdar stood abated by this Court vide order dated 22.12.2016.
(3.) Heard Sri Ravindra Nath Rai, learned counsel for the surviving appellants, Sri B. D. Nishad, learned AGA for the State and perused the record of this appeal.;