Arvind Kumar Mishra, J. - (1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgement and order of conviction dated 26.05.1986 passed by the III Additional Sessions Judge, Jaunpur, in Sessions Trial No. 251 of 1983 - State Vs. Dan Bahadur and 3 others, Police Station- Shahganj, District- Jaunpur, whereby, appellants- Dan Bahadur, Bikram and Jangdamba have been convicted under sections 323/34 IPC and sentenced them to 9 months R.I.
(2.) Pertinent to mention that appellant no.4, Shyam Pati @ Shyam Priti died during pendency of this appeal. Therefore, the appeal stood abated qua vide letter of C.J.M. Janunpur dated dated 10th November, 2017. Now, this appeal is being adjudicated upon in respect of the surviving appellants- Dan Bahadur, Bikram and Jagdamba.
(3.) Heard Dinesh Kumar Misra, learned counsel for the appellants and Sri B.D. Nishad, learned AGA for the State and perused the record of this appeal.;